Certain states and non-governmental organisations have voiced concerns about the use of international arbitration to resolve disputes involving complex environmental issues. Among the criticisms of investor–state arbitration is that arbitrators often fail to consider a state’s domestic and international obligations to safeguard the environment, sometimes even at the expense of the investors’ rights. Additionally, some jurisdictions in Asia have established arbitration-friendly legal frameworks, bolstering confidence for both Asian and non-Asian parties in selecting an arbitration seat. This Oxford-style panel will delve into these two issues. The house will provide some motions. One panellist will defend the motion and the other will rebut it.
• First motion: this house believes that the international arbitration legal framework is well-equipped to handle cases involving complex environmental issues.
• Second motion: ‘The Battle of Seats’ – this house believes that Asia-based seats will continue to increase in popularity in the coming decade.