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Edward Ramage Comments on TPP Arbitration Process in IP Watch


The Trans-Pacific Partnership, a recently concluded free-trade agreement among 12 nations accounting for 40 percent of world trade, would require all signatory countries to accept a controversial arbitration process known as "Investor-State Dispute Settlement" or ISDS. In this Intellectual Property Watch article, Edward Ramage, chair of Baker Donelson's Intellectual Property Group, notes that ISDS "could become a form of supra-judicial review." 

"If a company doesn't like a final court or administrative agency decision in a matter, it can file an ISDS action, claiming that the state action has harmed it or expropriated its property. A country's supreme court will no longer be the 'court of last resort' if you're a foreign investor … instead, it just may be an ISDS tribunal," said Mr. Ramage.

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