(EU) and the Common Market of the South (MERCOSUR)? - FDCL
(EU) and the Common Market of the South (MERCOSUR)? - FDCL
(EU) and the Common Market of the South (MERCOSUR)? - FDCL
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Stockholm Chamber <strong>of</strong> Commerce (SCC), 118 as well as <strong>the</strong> Deutsche Institution für<br />
Schiedsgerichtbarkeit e. V. (German Institution <strong>of</strong> Arbitration, DIS). For each <strong>and</strong><br />
every type <strong>of</strong> dispute resolution <strong>the</strong> elected arbitration court is <strong>the</strong> exclusive <strong>and</strong><br />
conclusive mechanism to resolve <strong>the</strong> dispute.<br />
The U.S. non-governmental organization Public Citizen, 119 founded by Ralph<br />
Nader in 1972, published toge<strong>the</strong>r with Friends <strong>of</strong> <strong>the</strong> Earth 120 a study in September<br />
2001 (“NAFTA Chapter 11 Investor-to-State Cases: Bankrupting Democracy” 121 )<br />
that investigated <strong>the</strong> disputes that were known to date, on <strong>the</strong> basis <strong>of</strong> Chapter 11.<br />
The result was <strong>the</strong> finding that <strong>the</strong> 15 cases which were investigated (investors from<br />
NAFTA member states vs. NAFTA member states, including federal, regional <strong>and</strong><br />
local governments) were dem<strong>and</strong>ing compensations that exceeded a total <strong>of</strong> 13 billion<br />
US-dollars, <strong>and</strong> only <strong>the</strong> 4 cases that had been concluded up to that point had<br />
compensation payments totaling 514 million US-dollars.<br />
Naturally <strong>the</strong> question arises, why such vehement international treaty st<strong>and</strong>ards<br />
are at all dem<strong>and</strong>ed “to secure transparent, stable <strong>and</strong> predictable conditions for<br />
long-term cross-border investment, particularly foreign direct investment,” whe<strong>the</strong>r<br />
its within <strong>the</strong> framework <strong>of</strong> a bilateral, bi-regional or multilateral agreement?<br />
118 For <strong>the</strong> special problem <strong>of</strong> <strong>the</strong> SCC see: Peterson, Luke Eric: BIT Cases going to Swedish Arbitration Institute.<br />
Volume <strong>and</strong> Details Remain Elusive, June 13, 2003: “Research has revealed details <strong>of</strong> a h<strong>and</strong>ful <strong>of</strong> treaty-based<br />
claims which have gone to <strong>the</strong> Arbitration Institute <strong>of</strong> <strong>the</strong> Stockholm Chamber <strong>of</strong> Commerce in recent years; an<br />
unclear number <strong>of</strong> o<strong>the</strong>r cases may be pending, as <strong>the</strong>re are no rules which m<strong>and</strong>ate public disclosure <strong>of</strong> cases<br />
being arbitrated at <strong>the</strong> Institute, even where <strong>the</strong>y may involve challenges to government policies or measures in<br />
sensitive areas[...] In <strong>the</strong> absence <strong>of</strong> any m<strong>and</strong>atory rules on disclosure <strong>of</strong> claims, however, <strong>the</strong> Stockholm option<br />
remains an attractive one for parties seeking to pursue arbitral claims against host governments with a minimum<br />
<strong>of</strong> publicity.”<br />
119 http://www.citizen.org.<br />
120 http://www.foe.org.<br />
121 http://www.citizen.org/publications/release.cfm?ID=7076.<br />
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