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The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…

We can define arbitration as “a legal proceeding whereby two or more parties voluntarily submit the resolution of their current or future disputes to an individual known as arbitrator; so their disputes may be resolved in accordance with the procedural rules selected by the parties (conventional proceeding.)” This proceeding may be agreed through the addition of an arbitration clause in the agreement executed by the parties, or through a separate arbitration agreement for cases where…