The EU investment agreements set up a triadic structure that
is expected to ensure more consistent awards and soundness of the
jurisprudence. The 2016 CETA agreement, the Free Trade Agreements with Vietnam
and, to a lesser extent, with Singapore as well as the TTIP draft chapter on
investment, constitute the ideal environment for establishing the emerging
characteristics that will feature the EU dispute settlement structure. This
comprises the Tribunal, an Appellate Tribunal and a centralised treaty
interpretation mechanism: the Joint Committee. Its economic and political
influence, along with significant commercial leverage, are likely to make the
EU investment approach irresistible to other countries. However, before this
happens, the Commission needs to clarify some controversial points, such as the
issues of recognition and enforcement of EU international investment agreements
awards. It also remains to be seen whether this model will be adopted even with
China or other developing countries.