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The Investment Treaty Arbitration Review: The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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The Investment Treaty Arbitration Review: The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Lars Markert and Shimpei Ishido co-authored the chapter on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership in The Investment Treaty Arbitration Review - Seventh Edition, published by Law Business Research.

The chapter provides a comprehensive and up-to-date analysis of the investment protections and investor-State dispute settlement provisions of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which is currently in force between Australia, Canada, Japan, Mexico, New Zealand, Singapore, Vietnam and Peru. Also, the United Kingdom, the People’s Republic of China, Taiwan and Ecuador have submitted applications for accession to the CPTPP. Negotiations for the UK’s participation in the CPTPP are on track, with a view to letting the UK join the CPTPP by the end of 2022.

Authors

ラース・マーケルト

Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 50 international arbitrations as counsel and arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.

Shimpei Ishido has been active in the field of international trade matters and international investment disputes for many years. He advises and represents governments and major corporations with regard to investment arbitration under ICSID, ICC, and UNCITRAL arbitration rules. He currently serves as a member of the Japanese delegation to UNCITRAL Working Group III (Investor–State Dispute Settlement Reform). He also advises the government and corporations regarding anti-dumping and countervailing measures and WTO dispute settlements proceedings concerning such trade remedy measures.

In addition, he usually provides his clients with general advice on a variety of international law issues, including investment protection, economic sanctions, government procurement, trade in services, e-commerce, sovereign and diplomatic immunities, law of the sea, and space law. His client engagement in these fields of international law includes:
i) capacity-building training on international investment law and trade in services to government officials of various states in the Asia-Pacific Region and Central Asia;
ii) advice on government procurement procedures covered by GPA and FTA/EPAs;
iii) advice on sovereign or diplomatic immunities issues concerning contracts between a foreign government/international organisation and a private entity;
iv) advice on international law issues arising from private entities' exploration of space resources on the Moon and other celestial bodies.

Before joining Nishimura & Asahi, he led, as legal counsel to the Ministry of Foreign Affairs of Japan, the negotiation of Japan’s international investment agreements, including the investment and trade in services chapters of the Trans-Pacific Partnership, the Japan–EU EPA, the ASEAN–Japan Comprehensive Economic Partnership, the Japan–Australia EPA, the Japan-Mongolia EPA, and the Japan–Mozambique BIT.

He received an LLM in international law from University College London.