Investor State Arbitration and the TPPA

Press Release – Arbitrators’ and Mediators’ Institute of NZ It looks likely that an agreement is imminent regarding the Trans Pacific Partnership. With it will come provisions to settle disputes between nation states and corporates. Investor State Arbitration and the TPPA It looks likely that an agreement is imminent regarding the Trans Pacific Partnership. With it will come provisions to settle disputes between nation states and corporates. We provide information on the investor state arbitration, otherwise known as investor state dispute settlement. Q: What is arbitration? A: Arbitration is the private determination of disputes, by independent third parties – arbitrators. Arbitrators tend to be specialists in commercial disputes appointed by agreement between the parties. Q: What is investor state arbitration or investor state dispute settlement? A: Investor state arbitration or investor state dispute settlement (ISDS) is a process that gives an investor – a business, the right to sue a foreign government for violating its rights. The process used is arbitration. Q: Is the decision of this kind of arbitration binding? A: Yes. Q: Is investor state arbitration confidential? A: Unlike domestic arbitration (i.e., arbitration between nationals of the same state) most investor state arbitration is not confidential. Recent investor state arbitrations have even been streamed live on the internet. Q: Why is investor state arbitration part of the TPPA? A: Protection of property rights is central to an...

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