The Status of Investor–State Arbitration: Resolving Investment Disputes Under the Transpacific Partnership Agreement

Journal of World Trade, Vol 48, Issue 1 (2014), pp.1-29.

UNSW Law Research Paper No. 2014-06

29 Pages Posted: 26 Feb 2014

See all articles by Leon Trakman

Leon Trakman

University of New South Wales (UNSW) - Faculty of Law

Date Written: February 21, 2014

Abstract

Intense debate is currently brewing over the multistate negotiation of the Transpacific Partnership Agreement (TPPA). The TPPA is likely to be the second largest trade and investment agreement after the European Union, with trillions of investment dollars at stake. However, there is significant controversy and uncertainty over the resolution of investor–state disputes under it. This manuscript evaluates these issues. It concludes with the proposition that states that forsake investor–state arbitrator in favour of domestic courts, among other options, do so at their peril.

Suggested Citation

Trakman, Leon, The Status of Investor–State Arbitration: Resolving Investment Disputes Under the Transpacific Partnership Agreement (February 21, 2014). Journal of World Trade, Vol 48, Issue 1 (2014), pp.1-29. , UNSW Law Research Paper No. 2014-06, Available at SSRN: https://ssrn.com/abstract=2401522

Leon Trakman (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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