Given that the majority of TPP countries are from the Asia-Pacific region, it is likely that the TPP will increase the participation of APAC parties in investment arbitration proceedings. Most of the requirements in the CPTPP`s investment chapter are similar to previous investment agreements, such as NAFTA. However, the CPTPP Investment Chapter contains new performance requirements that are prohibited with respect to the use of technology. One is the obligation to use or favour a technology of the host state or a person of the host state (Article 9.10.1, point h)),27 and the other is the requirement to adopt certain conditions that the host Member State must apply in the technology licensing contract freely concluded between the investor and a person from the host state27. , to help invest freely in manufacturing and high-tech industry. to use the technology they have developed. 36 New Zealand-Peru Side Letter, paragraphs 1-2, and New Zealand-Australia Side Letter, Randnr. 3-4, both of which state that no investor in one party can resort to dispute resolution against the government of another party pursuant to Chapter 9, Section B (RDIE) of the CPTPP. The ISDS provision essentially allows investors in one country to intensely sue the government of another company.
What is controversial is that an international tribunal operating outside the borders of national courts and laws rules on claims. For supporters, the court promotes neutrality, fairness and predictability. For critics, this is an unprecedented transfer of power to an irresponsible body. It would therefore not be surprising if the CPTPP`s investment chapter was an inspiration to other countries wishing to modernize their investment agreements in Asia and beyond. On the other hand, the current Transatlantic Trade and Investment Partnership (TTIP) project provides for a single two-stage arbitration mechanism, consisting of a trial court and an appeals court. Each court would elect three members from a list of „judges“ or „members.“ An appeal by the trial court may be filed within 90 days of its creation, including on the basis of an error of law or a clear error of fact. This two-tiered arbitration mechanism was adopted in the Canada-EU Free Trade Agreement (CETA), as indicated in the revised text published on 29 February 2016. The comprehensive and progressive agreement for the Trans-Pacific Partnership (CPTPP) developed from the long-negotiated Trans-Pacific Partnership (TPP) agreement.
The CPTPP, which came into force on 30 December 2018, is one of the largest regional free trade and investment agreements in the world and includes a common GDP of $10 trillion – nearly 13.5% of global GDP – 495 million people and more than 15% of world trade.2 This does not prevent a member company of the applicant from intervening in another treaty based on the same events and dealing with the same investments to take action. 18 See .B Appendix II of the Investment Chapter, p. 18, on the treatment of MFN (Articles 9.5 and 10.4), according to which „Japan reserves the right to adopt or maintain any measure within the framework of a bilateral or multilateral agreement in force or signed on the date of this agreement`s entry into force or signed before this agreement enters into force. a difference in treatment is granted. See also Appendix II of the Investment Chapter, page 13; Appendix II of the Investment Chapter, page 19 of Australia; and Schedule II of the New Zealand Investment Annex, page 9.