Top
RCHDP

Some notes on applicable jurisprudential trends to the regulation of arbitration established in the comprehensive treaty and progressive trans-pacific association (CPTPP / TPP-11)

Authors

Ricardo Padilla Parot
Universidad Diego Portales

Files

PDF (Español (España))

Abstract

This paper aims to provide an overview of the case-law trends of international investment tribunals, concerning the provisions governing the dispute resolution mechanisms for conflicts arising between investors and States in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. In particular, these notes address investment arbitration and are intended to provide notions regarding its preliminary requirements; the period of limitation of claims; waivers as a mechanism to ensure the exclusivity of arbitration; and; the possibility of Host States to file counter-claims.

Details