The developments which are now taking place show that Asian states are increasingly negotiating international investment agreements (IIAs) (in the form of BITs or PTAs) which form a dense network of obligations. Although few cases had been brought against Asian states by 2009, the pattern has changed since 2010, with a sharp increase in the initiation of investor-state arbitration proceedings over the last three years. Although some IIAs have generated a few disputes for technical reasons (for example, those concluded by China before 2005 or by Thailand, Indonesia, Thailand and Malaysia, which require the pre-approval of investments), it is rather predictable that Asian states are currently entering an era in which foreign investors are likely to multiply claims. Such a trend requires host states to be prepared to litigate while reassessing the economic and political benefits of current investment treaty commitments.
Thursday, October 3, 2013
Chaisse: Investment Claims Against Asian States - A Legal Analysis of the Statistics, Trends and Prospects
Julien Chaisse (Chinese Univ. of Hong Kong - Law) has posted Investment Claims Against Asian States - A Legal Analysis of the Statistics, Trends and Prospects. Here's the abstract: