Chapter Ten of the United States-Panama Trade Promotion Agreement (U.S.-Panama TPA) contains provisions designed to protect foreign investors and their investments and to facilitate the settlement of investment disputes. For example, each State Party must accord investors from the other Party national (i.e., non-discriminatory) treatment and may not expropriate investments of those investors in violation of international law. Chapter Ten permits an investor of one Party to make a legal claim for money damages for measures taken by the other Party that allegedly violate the provisions of Chapter Ten. An investor may initiate arbitration against that Party under the UNCITRAL Arbitration Rules or, as applicable, the ICSID Convention or ICSID Additional Facility Rules.
The following links provide general background on the U.S.-Panama TPA, the relevant arbitral rules and investment disputes:
- U.S. Department of State, Office of Investment Affairs
- U.S. Department of Commerce, International Trade Administration, Export.gov – The U.S.-Panama Trade Promotion Agreement
- U.S. Trade Representative, Panama Trade Promotion Agreement
- OAS Trade Unit’s Foreign Trade Information System
- International Centre for Settlement of Investment Disputes (ICSID)
- United Nations Commission on International Trade Law
The Department of State is the lead agency representing the U.S. government in U.S.-Panama Chapter Ten cases. The State Department works closely with other agencies to develop U.S. government positions in these cases.
The links at the left connect to pages describing cases against a State Party and may contain links to pleadings and certain other documents that are publicly available under the rules and confidentiality agreements applicable in each case.
For more information, contact:
Office of International Claims and Investment Disputes
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
Notices and other documents in disputes under Section B of Chapter Ten of the U.S.-Panama TPA shall be served on the United States by delivery to:
Executive Director (L/EX)
Office of the Legal Adviser
Department of State
Washington, D.C. 20520
United States of America