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shopping, transparency rules, loser pays costs principle, ability to strike out
spurious claims summarily, future appeals mechanism, and arbitration code

of conduct.

20
On 13 January 2015, the European Commission issued a Report
on the outcome of the public consultation on the inclusion of investment

protection and ISDS in the TTIP. The Report revealed strong opposition to ISDS
and concerns as to ISDS and the content of investment protection, specifically
the right to regulate and the nature. While the consultation received a high

proportion of responses from NGOs, which generally opposed ISDS, it also

received responses from a variety of stakeholders (though arbitral institutions
and the arbitration community have largely been excluded from the process).
21
The Commission has received a total of 149,399 online contributions to the

consultation. However, it should be noted that in fact, a Reuters article from
22
November 2014 revealed that 95% of the online responses in this consultation
“were from supporters of a small group of organisations…who submitted
identical or very similar responses” and that many “appeared to be automated

or generated formed filed in by campaign websites, encouraging EU citizens to

reject arbitration policy…” 23

20. Report Online Public Consultation on Investment Protection and Investor-to-State Dispute
Settlement (ISDS) in the Transatlantic Trade and Investment Partnership Agreement (TTIP),
13 January 2015.
21. See J. Beechy’s, former President of the ICC International Court of Arbitration, speech at
Max Planck Institute Luxembourg, “TTIP Round Table – the Court of Justice, Union Law
rd
and ISDS”; B. Stern commentary at the 3 ICC Asia Conference, panel on “Development in
Investment Arbitration : Is ISDS in Danger”? with Panellist V. Sucharitkul, 28 June 2017, Singapore.
22. Preliminary Report, Online Public Consultation on Investment Protection and Investor-to-State
Dispute Settlement (ISDS) in the Transatlantic Trade and Investment Partnership Agreement (TTIP),
July 2014. Retrieved from http://trade.ec.europa.eu/consultations/index.cfm?consul_id=179.
23. R. Emmott and P. Blenkinsop, Exclusive: Online Protest Delays EU Plan to Resolve U.S.
Trade Row, Business Mail, 26 November 2014. Retrieved from http://cyprusbusinessmail.com/?p=1325.

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