Session details

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
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 LLP, Singapore, Singapore; Co-Chair, Asia Pacific Arbitration Group


Sanjeev Kapoor Khaitan & Co, New Delhi, India; Regional Representative Asia General, Environment, Health and Safety Law Committee
Eun Young Park Kim & Chang, 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