The mediation decision establishes the mediation rules on which the parties to the dispute may rely under Article 8.20 of CETA. In particular, it describes the procedures for initiating mediation, appointing mediators, presenting the problem to mediators, proposing it to mediators to clarify the problem and ending the mediation process. In January 2021, 4 decisions related to CETA`s investment chapter were adopted, an important step to ensure the full functioning of CETA and establish clear and strict ethical rules and transparency in the settlement of investment disputes. The decisions will enter into force once all parties have ratified CETA. The four decisions establishing additional rules, procedures and structures for the functioning of the SCI are as follows: The decision specifies that the objective of mediation is to “facilitate the search for an amicable solution through a complete and rapid procedure”. [14] It endorses Article 8.20(4) of CETA, which reaffirms that the parties must endeavour to reach such a solution within 60 days of the appointment of the mediator. The four decisions explain those aspects of the SCI that have not been described in detail in CETA itself. The decisions highlight the organizational framework of the CETA Court of Appeal and the conduct of appeals, provide guidance to parties wishing to resolve their dispute through mediation, and underscore the importance of early dispute resolution. The decisions also set high standards of conduct for arbitrators and former arbitrators, underlining that CETA`s ICS will respect the principles of diversity and gender equality among jurors. Finally, the Interpretative Decision sets out the procedure by which a party to CETA may express its concerns about the interpretation of a provision of CETA, even at a stage where an investor-state dispute has already arisen and the parties to the dispute have commenced consultations. It remains to be seen how the rulings will work in practice once they enter into force alongside other CETA provisions, and whether they could have an “spillover” effect on other regional trade agreements and on investor-state arbitration in general.

This Decision shall be issued on the date of entry into force of Chapter Eight (Investments), Section F (Settlement of Investment Disputes between Investors and States) of the Agreement and shall enter into force, subject to the exchange of written notifications by the Parties through diplomatic channels certifying that they have complied with the necessary domestic requirements and procedures. The Annex to the Interpretative Decision clarifies these provisions and establishes a procedure under which a party to CETA (i.e. the EU, an EU Member State or Canada) with serious concerns about issues of interpretation that could affect investments may refer the matter to the CSI in writing. These “concerns” may relate to “a specific measure for which an investor has made a request for consultation pursuant to Article 8.19 (Consultations) of [CETA]. on the ground that such a measure infringes an obligation under [Chapter 8]`. [17] The purpose of the proposed act is to adopt the rules of procedure of the CETA Joint Committee in accordance with Article 26(1)(4)(d) of the Agreement, under which the CETA Joint Committee adopts its rules of procedure. (4) In accordance with Article 26.2.4 of the Agreement, the Specialised Committees shall adopt their rules of procedure and amend them if they deem it appropriate. “With CETA, we are showing that trade agreements can support meaningful and sustainable economic growth. CETA has led to increased trade with the EU and we are now focusing on removing unnecessary barriers to trade to ensure that the benefits of open, inclusive and rules-based trade can be more widely shared in our societies. The term “acts having legal effects” includes acts that have legal effects in accordance with the rules of international law applicable to the entity concerned. It also includes instruments which are not binding under international law, but which are `capable of having a decisive influence on the content of the legislation adopted by the EU legislature`.

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