Secret Trans-Pacific Partnership Agreement (TPP) - Investment Chapter
Show Table of Contents
- Article II.1: Definitions
- Article II.2: Scope and Coverage
- Article II.3: Relation to Other Chapters
- Article II.4: National Treatment
- Article II.5: Most-Favored-Nation Treatment
- Article II.6: Minimum Standard of Treatment
- Article II.6bis: Treatment in Case of Armed Conflict or Civil Strife
- Article II.7: Expropriation and Compensation
- Article II.8: Transfers
- Article II.9: Performance Requirements
- Article II.10: Senior Management and Boards of Directors
- Article II.11: Non-Conforming Measures
- Article II.12: Subrogation
- Article II.13: Special Formalities and Information Requirements
- Article II.14: Denial of Benefits
- Article II.15: Investment and Environmental, Health and other Regulatory Objectives
- Article II.16: Corporate Social Responsibility
- Article II.17: Consultation and Negotiation
- Article II.18: Submission of a Claim to Arbitration
- Article II.19: Consent of Each Party to Arbitration
- Article II.20: Conditions and Limitations on Consent of Each Party
- Article II.21: Selection of Arbitrators
- Article II.22: Conduct of the Arbitration
- Article II.23: Transparency of Arbitral Proceedings
- Article II.24: Governing Law
- Article II.25: Interpretation of Annexes
- Article II.26: Expert Reports
- Article II.27: Consolidation
- Article II.28: Awards
- Article II.29: Service of Documents
- Annex II-A Customary International Law
- Annex II-B Expropriation
- Annex II-C Expropriation Relating to Land
- Annex II-D Service of Documents on a Party Under Section B
- Annex II-E Transfers
- Annex II-F DL 600
- Annex II-G Public Debt
- Annex II-H
- Annex II-I
- Annex II-J Submission of a Claim to Arbitration
- Annex II-L
- Article CCC.3: Temporary Safeguard Measures
- Annex II-K: Non-Conforming Measures for Ratchet Mechanism
- Annex II-M Annex on Health
20 January 2015
This Document Contains TPP CONFIDENTIAL Information MODIFIED
HANDLING AUTHORIZED*
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(i) 90 days have elapsed from the date the award was rendered and no
disputing party has commenced a proceeding to revise, set aside, or annul
the award ;or
(ii) a court has dismissed or allowed an application to revise, set aside, or
annul the award and there is no further appeal.
9. Each Party shall provide for the enforcement of an award in its territory.
10. If the respondent fails to abide by or comply with a final award, on delivery of a
request by the Party of the claimant, a panel shall be established under Article BBB.7
(Dispute Settlement Chapter; Establishment of an Arbitral Tribunal Article). The requesting
Party may seek in such proceeding:
(a) a determination that the failure to abide by or comply with the final award
is inconsistent with the obligations of this Agreement; and
(b) in accordance with Article BBB.16 (Dispute Settlement Chapter; Initial
Report Article), a recommendation that the respondent abide by or comply
with the final award.
11. A disputing party may seek enforcement of an arbitration award under the ICSID
Convention, the New York Convention, or the Inter-American Convention regardless of
whether proceedings have been taken under paragraph 10.
12. A claim that is submitted to arbitration under this Section shall be considered to
arise out of a commercial relationship or transaction for purposes of Article I of the New
York Convention and Article I of the Inter-American Convention.
Article II.29: Service of Documents
Delivery of notice and other documents on a Party shall be made to the place named for
that Party in Annex II-D (Service of Documents on a Party Under Section B). A Party
shall promptly make publicly available and notify to the other Parties any change to the
place referred to in that annex.