Session details

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?