Assessing the Exposure of Asian States to Investment Claims

Contemporary Asia Arbitration Journal, Vol. 6, No. 2, pp. 187-225, November 2013

39 Pages Posted: 19 Feb 2014  

Julien Chaisse

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: November 28, 2013

Abstract

The developments which are now taking place show that Asian states are increasingly negotiating international investment agreements (hereinafter IIAs) — in the form of BITs or PTAs — which form a dense network of obligations. Although few cases had been brought against Asian states by 2009, the pattern has changed since 2010, with a sharp increase in the initiation of investor-state arbitration proceedings over the last three years bringing the total of investment claims against Asian States to a significant total of 87 international disputes. Although some IIAs have generated a few disputes for technical reasons (for example, those concluded by China before 2005 or by Thailand, Indonesia, and Malaysia, which require the pre-approval of investments), it is rather predictable that Asian states are currently entering an era in which foreign investors are likely to multiply claims. Such a trend requires host states to be prepared to litigate while reassessing the economic and political benefits of current investment treaty commitments.

Keywords: investment, treaty, arbitration, claim

Suggested Citation

Chaisse, Julien, Assessing the Exposure of Asian States to Investment Claims (November 28, 2013). Contemporary Asia Arbitration Journal, Vol. 6, No. 2, pp. 187-225, November 2013 . Available at SSRN: https://ssrn.com/abstract=2397655

Julien Chaisse (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

Lee Shau Kee Building
Floor 5 - Office No. 523 - Shatin Campus
New Territories
Hong Kong

HOME PAGE: http://www.law.cuhk.edu.hk/en

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