IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C4.10, Convention Centre, Level 4

Session information

A finger on the pulse of Asia Pacific: sharing experiences of investor-state dispute resolution in a dynamic and challenging region

Wednesday 11 October (1115 - 1230)

Room C4.10, Convention Centre, Level 4


Asia Pacific Regional Forum (Lead)


Statistics suggest that cross-border trade/investment within the Asia Pacific region is clearly rising, in no small part because of government-sponsored initiatives and the opening-up of markets in many Asian countries to foreign investment. But investor-state arbitration is new in Asia – not many investors or states have been involved in investor-state arbitration. The traditional way or preference for resolving disputes is via government-to-government communications and, culturally speaking, there is reticence to challenge governmental authorities in legal proceedings. However, will the strong flow of cross-border investment in the region usher in a new era of investor-state arbitration among Asian countries and investors? Will the growth in Asian cross-border investment mean a growth in participation in investor-state disputes by Asian parties? If so, how should practitioners respond to the needs? Hear speakers with first-hand knowledge of investor-state dispute resolution in the Asia Pacific region – bilateral investment treaty (BIT) arbitration or investor-state dispute resolution through mediation- and share the insights on how to navigate the cultural, political and practical challenges of investor-state dispute resolution in Asia Pacific, this ever-changing region. What are the greatest challenges that practitioners face in investor-state arbitration in Asia Pacific? What lessons/experiences can be learned/shared from arbitrators’ perspectives? How are investor-state disputes being resolved by mediation? Any comments on using IBA rules on resolving investor-state disputes by mediation?

Session / Workshop Chair(s)

Dinesh Dhillon Allen & Gledhill, Singapore, Singapore; Co-Chair, Asia Pacific Arbitration Group


Sanjeev Kapoor Khaitan & Co, Noida, Uttar Pradesh, India; Regional Representative Asia General, Environment, Health and Safety Law Committee
Eun Young Park Park Arbitration Chambers, Seoul, South Korea
Liam Prescott DLA Piper, Brisbane, Queensland, Australia
Lucy Reed Freshfields Bruckhaus Deringer LLP, New York, New York, USA
Andrei Yakovlev King & Wood Mallesons LLP, London, England