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This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 2017 Draft Convention, its interplay with international and Union instruments in the field, as well as its potential future impact on the regulation of civil and commercial cross-border disputes.

Investor-State Dispute Settlement (ISDS) mechanisms are found in more than 3 000 international investment treaties, but have been increasingly criticised in recent years. International investment agreements, and the ISDS mechanism, were originally created to protect investors from arbitrary expropriation and ensure non-discriminatory treatment for foreign investments, in countries considered risky. In such countries, with the judiciary not fully independent from government, arbitration was considered ...

Upon request by the JURI Committee, this study investigates the law and practice of arbitration across the European Union and Switzerland. It includes an in-depth examination of the practice and the laws relating to arbitration in each Member State of the European Union and Switzerland, as well as an examination of the involvement of Member States and the European Union in arbitration. While substantial harmony exists across the European Union at both the level of law and practice, the Study finds ...

The Comprehensive Economic Trade Agreement (CETA) between the EU and Canada, on which negotiations were concluded at the EU-Canada Summit in Ottawa on 26 September 2014, will be a 'first' in many areas. The agreement will be the EU's first with another highly industrialised country to facilitate market access for goods, services and investment by abolishing almost all tariffs and reducing a wide array of non-tariff barriers. CETA is also the first agreement to have been negotiated with a sound chapter ...

When the EU and the US launched negotiations on the Transatlantic Trade and Investment Partnership (TTIP) in June 2013, civil society was invited to play ‘a constructive and engaged part in defining the content’ of this strategic deal. Interest in the TTIP has gone beyond its expected economic impact: the agreement has been seen by some as a way to strengthen the West’s weakening grip on the world economy, and by others as a tool for big multinationals to secure unfair advantages at the expense of ...

Recent studies demonstrate the important contribution of intellectual property rights (IPR) to the American and EU economies. The differences between the respective IPR systems are comparatively small, yet seen as hard to overcome. The negotiation of the EU-US Transatlantic Trade and Investment Partnership (TTIP) may present the opportunity for a step change in EU-US relations in respect of IPR.

This paper analyses the current status of mediation in civil and commercial matters in Poland, taking into account a variety of legal, psychological and sociological factors. In particular, it focuses on the most important factors which, in the author’s opinion, have a negative effect on the development of mediation in Poland. These factors include: negative socialisation, non-existence of authority figures, low level of public confidence and the lack of a conscious need to use mediation.

This briefing note deals with the use of mediation as a dispute resolution process by businesses. It analyses the impact of the Mediation Directive 2008/52/EC in the light of its three main objectives that are facilitation of access to alternative dispute resolution, promotion of mediation and balanced relationship between mediation and judicial proceedings. Moreover, recommendations are provided on how to enhance mediation uptake by SMEs.

International trade and GATT. The agricultural implications in the context of the Uruguay Round agreements, the creation of the World Trade Organisation and the debate in relation to European agriculture.