Transatlantic Trade and Investment Partnership

Dáil Éireann Debate, Thursday - 2 April 2015

Thursday, 2 April 2015

Questions (90)

Robert Dowds

Question:

90. Deputy Robert Dowds asked the Minister for Jobs, Enterprise and Innovation if the Investor State Dispute resolution mechanism of the proposed Transatlantic Trade and Investment Partnership trade agreement between the European Union and the United States of America will hold precedence over Irish court decisions or Irish law; and if so, if he will state his full and unequivocal opposition to any agreement which includes a mechanism of any trade agreement that would enable companies to ignore Irish court decisions or Irish law under any circumstances. [13818/15]

Written answers

Minister for Jobs, Enterprise and Innovation

The EU Commission is currently considering some ideas for reforming the investor state dispute settlement arbitration system, following the public consultation on investor protection in the Transatlantic Trade and Investment Partnership. One of those areas it is considering is the relationship between domestic legal systems and investor state dispute settlement. In order to address the perception that investor state dispute settlement gives investors a second chance to overrule the decisions of national courts, the Commission is considering two possible options: Firstly to require claimants to choose between national courts and arbitration from the outset, so they would not be allowed to use the arbitration system once a case had begun in national courts; or, to avoid the risk that this might encourage claimants to avoid national courts altogether, to provide that they would have to abandon any proceedings they have started in national courts if they launch an arbitration case. Recourse to arbitration would not be possible if the claimant decided to exhaust local remedies.

The aim is to ensure that a ruling of a member state court could not be overturned by a tribunal.