Looking at Dispute Resolution in the Trans-Pacific Partnership (TPP) -- Two Roads to Litigation

While the TPP is very controversial and politicized, and while it may never be passed by Congress, it is incumbent on lawyers and law professors to apply their objective assessment to the TPP provisions that are most closely related to their field: dispute resolution processes. This will allow for a more balanced and mature debate regarding the future of the TPP as it proceeds through the congressional process.This study looks at the salient aspects of Chapter 28 (Dispute Settlement) and Chapter 9 (Investment).The Dispute Settlement Procedures outlined in Chapter 28 are intended to resolve trade disputes between states; these are separate from the Investor-State Dispute Settlement (ISDS) mechanism provided in Chapter 9, which focuses on disputes between private parties and governments over investment issues.From a legal and foreign policy perspective, the TPP dispute resolution system is a well-thought-out approach to global trade and investment litigation for the ever-growing, interconnected ecosystem of world trade. It builds upon prior experience and updates prior practice, especially in terms of transparency. It sets the terms for future trade relations. This is good for U.S. national interests, the global economic system and both old and new players in this system