Mechanism for investor-state dispute settlement under the CPTPP

Abstract

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is a new-generation free trade agreement of significant importance, which greatly impacts the world. In terms of investment, Viet Nam has recently concluded the two agreements, namely the CPTPP and the EU-Vietnam Investment Protection Agreement (EVIPA), which include very high commitments compared to those of the other concluded agreements. When examining the issue of foreign investment in free trade agreements and investment agreements, the mechanism for investor-state dispute settlement (ISDS) is an issue of great interest and the case of the CPTPP is not exceptional. The paper offers an analysis of the main issues of the ISDS mechanism under the CPTPP, including parties to the dispute, the scope of dispute settlement, and especially, the methods and procedures for dispute settlement in which the comparision with those under the EVIPA is made.