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Only final awards are enforceable, while further recourse is excluded
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Award may be appealed on account of law and “manifest error” of fact
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Repeal or ordering of cessation of aggrieved measures is prohibited; AFA contains provisions on costs
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Interim measures and security for costs are explicitly regulated
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AFA provides for broad transparency, and allows for non-disputing party participation and third-party intervention
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AFA emphasises expediency, including through mechanisms for early dismissal of claims and consolidation of proceedings
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Tribunal is to take account of overlapping claims and sanction abuse of process
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Committee may adopt binding interpretations
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Ethics requirements for arbitrators do not mention impartiality; challenges are to be decided by tribunal presidents
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Tribunal of First Instance and Appeal Tribunal are established, with an eye on a multilateral mechanism
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Counterclaims are explicitly allowed, while third-party funding must be disclosed
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AFA puts emphasis on mediation and limits parallel claims
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The AFA contains a sunset clause, and it is set to replace investment agreements between Chile and EU member states
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Parties may deny benefits to investors, including on account of protection of human rights
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Expropriation and war-loss clauses are included
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FET and FPS are maintained, but limited and clarified; umbrella clause is not present
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Existing non-conforming measures may be maintained
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Performance requirements are prohibited, but with exceptions
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NT and MFN apply to establishment; public procurement gets its own provision
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Financial Services Chapter takes precedence over investment chapter
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Right to regulate is emphasised, as is corporate and social responsibility
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Definition of investor is linked to “substantive business operations”, while investment is tied to Salini criteria
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