NEWSLETTER-2019-metin

186 NEWSLETTER 2019 investment agreements 18 , permanent courts will deal with investment disputes brought against the states 19 . These agreements, as well, regu- late the appeal procedure against the decisions of the Tribunals 20 . The cases will be heard by three-member divisions of the Tribu- nal in each of these permanent courts, which have diverging numbers of Tribunal members from 6 to 15 21 . Opinion of an Advocate General of the CJEU Throughout this period of transformation, the compliance of the tribunals to be established as per the free trade agreements with the EU law and the exclusive jurisdiction of the CJEU has been debated among the MSs. Following the notable effect of the Achmea judgment, these matters were brought before the Advocate General of the CJEU by the Kingdom of Belgium. Accordingly, in a recent opinion issued by Advocate General Bot of the CJEU dated 29 January 2019 22 , the investment dispute resolu- tion mechanism created under the CETA was assessed. According to the Advocate General; on 21 September 2017, http://ec.europa.eu/trade/policy/in-focus/ceta/ceta-chap- ter-by-chapter/ (Access date: February 2019) (Access date: February 2019). 18 EU-Vietnam trade and investment agreements, http://trade.ec.europa.eu/doclib/ press/index.cfm?id=1437 (Access date: February 2019). 19 Stein, Erica; Dózsa, Dániel: “ Advocate General of EU’s Highest Court Weighs in Favor of an Investment Court System, ” for access: https://www.lexology.com/ library/detail.aspx?g=4743a739-7838-411f-b069-c989e519abb1&l=89HSZM6 (Access date: February 2019). 20 Mangan, Mark : “ The EU succeeds in Establishing a Permanent Investment Court in Its Trade Treaties with Canada and Vietnam, ” https://www.dechert . com/knowledge/onpoint/2016/3/the-eu-succeeds-in-establishing-a-permanent- investment-court-in.html?utm_source=vuture&utm_medium=email&utm_ campaign=onpoint (Access date: February 2019). 21 Singh J. , Shilpa: “ A New and Improved Investment Protection Regime: Truth Or Myth!”, http://arbitrationblog.kluwerarbitration.com/2019/02/03/new-and- improved-investment-protection-regime-truth-or-myth/ (Access date: February 2019). 22 Opinion of Advocate General Bot, Opinion 1/17 upon the request for an opinion by the Kingdom of Belgium, http://curia.europa.eu/juris/document/document.js f?docid=210244&mode=req&pageIndex=1&dir=&occ=first&part=1&text=&do clang=EN&cid=9289968 (Access date: February 2019).

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