International Investment Agreements and Investor-State Arbitration in Asia

shorter version in J.Chaisse, L. Choukroune and S. Jusoh, "Handbook of International Investment Law and Policy", Springer, Singapore, 2020

Sydney Law School Research Paper No. 20/08

41 Pages Posted: 26 Jun 2020 Last revised: 7 Jul 2020

See all articles by Vivienne Bath

Vivienne Bath

The University of Sydney Law School

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law

Date Written: February 26, 2020

Abstract

States across Asia have long engaged in international investment treaty making, and to a lesser extent in investor-state dispute settlement (ISDS) proceedings. Engagement has intensified partly as bilateral investment treaties (BITs) proliferated especially from the 1990s, but also Asian states started to conclude more comprehensive bilateral and then regional free trade agreements (FTAs), including within and with the Association of Southeast Asian Nations (ASEAN). Some nations have been more cautious historically, and recent experiences with ISDS claims have led Indonesia and especially India to terminate many old BITs and press out in new directions. This paper details Asia’s trajectory towards becoming more of a “law maker” by focusing on multilateral initiatives (through soft and hard law), ASEAN and its key member states, China and the “Belt and Road” initiative, India, Japan and Korea, Australia and New Zealand.

Keywords: foreign investment, international investment law, dispute resolution, arbitration, investor-state dispute settlement (ISDS), comparative law, Asian law, regional economic integration

JEL Classification: K10, K30

Suggested Citation

Bath, Vivienne and Nottage, Luke R., International Investment Agreements and Investor-State Arbitration in Asia (February 26, 2020). shorter version in J.Chaisse, L. Choukroune and S. Jusoh, "Handbook of International Investment Law and Policy", Springer, Singapore, 2020, Sydney Law School Research Paper No. 20/08, Available at SSRN: https://ssrn.com/abstract=3544458 or http://dx.doi.org/10.2139/ssrn.3544458

Vivienne Bath

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

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