Traduction de «challenge an arbitrator » (Anglais → Français) :

9. Notes with concern the growing number of Investor-State Dispute Settlement (ISDS) cases filed under International Investment Agreements (IIAs) whereby investors have challenged core public policies, claiming that these policies have negatively affected their business prospects; points out, in this context, that the Unctad World Investment Report (2012) indicates that IIAs are becoming increasingly controversial and politically sensitive, primarily owing to the spread of IIA-based investor-state arbitrations which provoke growing discontent (e.g. Australia’s trade policy statement announcing that it would stop including ISDS clauses i ...[+++]n its future IIAs) and which reflect, inter alia , deficiencies in the system (e.g. the wide scope of provisions such as expropriation, concerns regarding the qualification of arbitrators, lack of transparency and high costs of the proceedings, and the relationship between ISDS and state-state proceedings); insists therefore that any future European investment agreements must ensure that international investor-state dispute settlements do not undermine the ability of states to legislate in favour of the public interest;

9. Notes with concern the growing number of Investor-State Dispute Settlement (ISDS) cases filed under International Investment Agreements (IIAs) whereby investors have challenged core public policies, claiming that these policies have negatively affected their business prospects; points out, in this context, that the UNCTAD World Investment Report (2012) indicates that IIAs are becoming increasingly controversial and politically sensitive, primarily owing to the spread of IIA-based investor-state arbitrations which provoke growing discontent (e.g. Australia’s trade policy statement announcing that it would stop including ISDS clauses i ...[+++]n its future IIAs) and which reflect, inter alia, deficiencies in the system (e.g. the wide scope of provisions such as expropriation, concerns regarding the qualification of arbitrators, lack of transparency and high costs of the proceedings, and the relationship between ISDS and state-state proceedings); insists therefore that any future European investment agreements must ensure that international investor-state dispute settlements do not undermine the ability of states to legislate in favour of the public interest;

9. Points out that the EU has traditionally granted special tariff preferences to bananas from ACP countries; recalls that some WTO members have repeatedly challenged the compatibility of this preferential treatment with WTO rules; stresses that a series of legal rulings by WTO dispute panels, the Appellate Body and special arbitrators have called for a change to the existing regime;

9. Points out that the EU has traditionally granted special tariff preferences to bananas from ACP countries; recalls that some WTO members have repeatedly challenged the compatibility of this preferential treatment with WTO rules; stresses that a series of legal rulings by WTO dispute panels, the Appellate Body and special arbitrators have called for a change to the existing regime;

The challenge was not against the existence of rules aimed at organising world trade or the existence of a world trade organisation as such. It was against the fact that the WTO claims to be the source of all rules, the arbitrator of all disputes and the supreme judge of tomorrow’s world.

Currently, arbitration is excluded from the scope of the regulation. However, by challenging an arbitration agreement before a court, a party may effectively undermine the arbitration agreement and create a situation of inefficient parallel court proceedings which may lead to irreconcilable resolutions of the dispute.