Here's more from that Commission document mentioned in the last post:
In order to discourage 'long shot' and frivolous claims by investors, the EU has agreed provisions to enable tribunals to dismiss such claims quickly and also to require that all litigation costs are borne by the losing party. Under the existing system, in some cases, even if the state wins the case, it still has to pay its litigation costs which can be very substantial. If the investor has to pay the litigation costs for all parties if he loses the case, it may act to discourage “long shot” cases.
As I said with the last post, I think we need some actual text on this issue to really evaluate it. In particular, I wonder how they will define a "frivolous claim."
