From ad hoc arbitral tribunals to permanent courts: three examples
Should EU-US investment disputes be solved by arbitral tribunals constituted separately for each dispute, as is currently the case under most Bilateral Investment Treaties (BITs), or should a permanent court be established? This is one of the key questions that might kill the efforts for what would be the largest regional free-trade agreement in history, covering 46% of world GDP: the Transatlantic Trade and Investment Partnership (TTIP).