Instituting Investment Claims Under the Trans-Pacific Partnership Agreement
in Wenhua Shan (ed), China and International Investment Law (2014), Chapter 12, pp 108-214
37 Pages Posted: 23 Dec 2014 Last revised: 13 Nov 2015
Date Written: December 22, 2014
What is now being negotiated as the Trans-Pacific Partnership Agreement (‘TPPA’) began as a strategic partnership agreement (the P4 Agreement) between Chile, New Zealand and Singapore in 2005 and Brunei in 2006. In 2008, the P4 countries initiated negotiations on an investment chapter, and other countries began acceding to the agreement. This paper examines that draft Investment Chapter and analyses provisions bearing on the resolution of investor-state disputes arising under the TPPA. It also briefly examines the significance of Australia’s insistence on an exemption from investor-state arbitration (ISA), and what this means in terms of the institutional differences between ISA and the use of domestic courts to resolve investment disputes.
Keywords: TPPA, trans-pacific partnership, P4, ISA, investment chapter, investor-state arbitration
Suggested Citation: Suggested Citation