Here is a recent @Trade_EU tweet: "CETA has a fast track system for rejecting unfounded or frivolous investment protection claims – in a matter of weeks!"
The CETA provisions they are referring to are the following:
Article 8.32
Claims manifestly without legal merit
1. The respondent may, no later than 30 days after the constitution of the division of the Tribunal, and in any event before its first session, file an objection that a claim is manifestly without legal merit.
...
Article 8.33
Claims unfounded as a matter of law
1. Without prejudice to a Tribunal’s authority to address other objections as a preliminary question or to a respondent’s right to raise any such objections at an appropriate time, the Tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim, or any part thereof, submitted pursuant to Article 8.23 is not a claim for which an award in favour of the claimant may be made under this Section, even if the facts alleged were assumed to be true.
Are there past ISDS claims that people think would have been thrown out if these legal standards had been applied? Which ones?
And how long will it take to sort out arguments under each of these provisions?
