Yu, Peter K --- "Investor-state dispute settlement and the Trans-Pacific Partnership" [2018] ELECD 924; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 463

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 19

Section Title: Investor-state dispute settlement and the Trans-Pacific Partnership

Author(s): Yu, Peter K

Number of pages: 31

Abstract/Description:

This chapter critically examines the intellectual property rights holders’ growing use of investor-state dispute settlement (ISDS) to resolve international intellectual property disputes. It begins by highlighting the criticisms of ISDS, including those that are related to the arbitration process, the arbitrators’ interpretations and final arbitral outcomes. The chapter then examines the various upgrades that the Trans-Pacific Partnership Agreement has provided to the ISDS mechanism. It concludes by outlining the conceptual and institutional improvements that could strengthen ISDS.