Within the scope of this article, our company would like to refer to the investment dispute settlement mechanism between foreign and national investors. Specifically, the resolution step is through consultation and negotiation.

The CPTPP encourages the parties to first resolve disputes by themselves through more friendly methods such as negotiation, consultation, mediation, conciliation and brokerage. However, the regulations on the methods of negotiation, consultation, mediation, conciliation and brokerage are quite brief and specified in only one law, because most of the content on the ISDS mechanism is for arbitration rules.

According to the provisions of Article 9.18, Clause 2, Chapter 9 of the CPTPP: “the plaintiff must send the respondent a written request for consultation, which summarizes the facts related to the disputed issue.”

According to the provisions of Article 9.18, Clause 1, Chapter 9 of the CPTPP, consultation is a mandatory method that must be carried out before a dispute can be resolved by arbitration.

If the investment dispute is not resolved within 6 months from the date on which the respondent receives the written request for consultations under Article 9.18.2 (Consultations and Negotiations), the claimant, on his own behalf , may submit the dispute to arbitration.

Although the CPTPP does not specify how long the consultation needs to be carried out, with the provisions on the time limit for submitting the claim to arbitration in Clause 1, Article 9.19 and Clause 1, Article 9.21 of Chapter 9 of the CPTPP, if you want to dispute Disputes may be resolved by arbitration upon failure of consultations, consultations shall be commenced within three years of the date on which the claimant knew or ought to have known of a perceived violation of the measure imposed by the host country. used is inconsistent with the commitment and causes damage to the plaintiff.

The provision of consultations as a mandatory requirement before arbitration, although in practice, few disputes are resolved at this stage, but is necessary to give the respondent countries time to prepare well. than to join the lawsuit.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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