Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


Investor State Arbitration and the TPPA

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 integrated global economy. Arbitration is generally agreed to be the way disputes that cross borders are resolved, rather than parties submitting to the courts of one of the signing parties. This ensures that disputes are dealt with in accordance with accepted standards, like the rule of law, free from corruption and bias.

Q: How will New Zealand’s sovereignty be affected?

A: The impact on sovereignty will depend on the wording of the agreement. Previously, trade disputes were dealt with between States under the WTO. Investor State Treaties, of which TPPA is one, allow businesses to protect their trading rights directly. These rights have historically been qualified by the ability of the signatory States to regulate health and safety and other issues regarded as “sovereign”. The extent of those protections will become clear once the text of the TPPA is released.

Q: Has New Zealand ever been sued by way of an agreement that includes an investor state arbitration clause?

A: No.

Q: Is there expertise in New Zealand if there was an arbitration taken under the TPPA?

A: Yes. We have a small, but highly expert number of people who are working internationally on these kinds of arbitrations.

Q: What is AMINZ?

A: The Arbitrators’ and Mediators’ Institute of New Zealand, AMINZ, is New Zealand’s largest dispute resolution organisation. Its members include arbitrators and arbitration practitioners.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Discussion Doc: National's Primary Sector Plans

Today National has released our third discussion document, this one on the primary sector. It showcases our positive and innovative approach to what is the backbone of our economy, Leader of the National Party Simon Bridges says. More>>


Govt Adopts Working Group Plan: Unions Welcome Film Industry Collective Bargaining

The announcement today by the Minister for Workplace Relations and Safety Iain Lees-Galloway, to support collective bargaining for those working in the film and screen industry, is welcomed. More>>


Greenpeace: New Oil Rig Arrives

A drill rig commissioned by oil giant OMV has arrived in New Zealand, a little over a year after the Government issued a ban on new oil and gas exploration permits... More>>


Proactive Non-Release: Housing Minister Says Unpublished Meeting 'Not A Secret'

Housing Minister Phil Twyford says an error from his office meant a meeting with another minister and the Auckland mayor was not included in his publicly released diaries. More>>


'Signalling Urgency': Auckland Council Declares Climate Emergency

“By unanimously voting to declare a climate emergency we are signalling the council’s intention to put climate change at the front and centre of our decision making,” says Mayor Phil Goff. More>>


Potential Disasters: Insurance Taskforce To Deal With Skyrocketing Premiums

Wellington Mayor Justin Lester said the group would look at how the insurance market was functioning amid massive premium increases, which have also led to claims the market is broken. More>>





InfoPages News Channels