Instituting Investment Claims Under the Trans-Pacific Partnership Agreement

in Wenhua Shan (ed), China and International Investment Law (2014), Chapter 12, pp 108-214

UNSW Law Research Paper No. 2014-52

37 Pages Posted: 23 Dec 2014 Last revised: 13 Nov 2015

See all articles by Leon Trakman

Leon Trakman

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

Date Written: December 22, 2014

Abstract

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

Trakman, Leon, Instituting Investment Claims Under the Trans-Pacific Partnership Agreement (December 22, 2014). in Wenhua Shan (ed), China and International Investment Law (2014), Chapter 12, pp 108-214, UNSW Law Research Paper No. 2014-52, Available at SSRN: https://ssrn.com/abstract=2541657 or http://dx.doi.org/10.2139/ssrn.2541657

Leon Trakman (Contact Author)

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

Kensington, New South Wales 2052
Australia

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