Arbitration (Amendment) Bill 2025: Committee Stage (Resumed)
Seanad Éireann — 2026-05-28
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Alice-Mary Higgins (IND), National University of Ireland

I will move on from this issue, but it is clear that the ICSID rules can apply. Whether or not it is in the same tribunal, the issue is under which rules it is being applied.
The other issue here is that there is nothing in the legislation the Minister of State is proposing that ties us to the ICS. This is not solely about CETA or Chile. It is about any deal that might be signed under any arbitration rules. We need to be very clear for the House and the record that there is nothing in this legislation which ensures that these cases would be taken under the ICS rules. Regarding the language about being fair and equitable, and all of that, this is the same language and the same kinds of criteria that were being applied in all those previous rulings.
First, it has not changed very much. Second, it is possible to choose to apply the old rules. Regarding whether they are applied in the new tribunal, it is being applied in relation to a new agreement, but the old rules are being applied. Third, this is not just about that aspect. If the Government were serious about this issue, it would be saying it would only allow for enforcement of judgments made under the ICS system, but that is not what is in the Bill. The Bill allows for enforcement under any investor state arbitration rules, subject to the constraints on the Government that we will come to later, that come under any agreement that may be signed in the future. It is misleading to suggest we need not worry because none of this will happen when the legislation leaves that wide open.
I know we need to move on and we have amendments to deal with.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-28/debate/main
Retrieved: 2026-08-14T04:55:01+00:00
Sitting date: 2026-05-28