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12 Instituting Investment Claims under the Trans-Pacific Partnership Agreement

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Chapter Summary

This chapter examines that draft Investment Chapter and analyses provisions bearing on the resolution of investor-state disputes arising under the Trans-Pacific Partnership Agreement (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. The draft version of the Investment Chapter of the TPPA leaked to the public in June 2012, while undoubtedly authentic, is unlikely to constitute the final version of the investment chapter. This is especially so in light of the need for public consultation and the need to secure agreement from some states that are apparently pushing for amendments to the Chapter. Given the political nature of TPP negotiations, it is difficult to predict the precise form of ISA provisions that the TPP negotiators will finally adopt.

Keywords: Australia; draft Investment Chapter; investor-state arbitration (ISA); Trans-Pacific Partnership Agreement (TPPA)



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