Regional Comprehensive Economic Partnership

2021 in Review, Anti-arbitration Injunction, arbitration rules, Confidentiality, Investor-State arbitration, Malaysia, Maritime Arbitration, Regional Comprehensive Economic Partnership, Set aside an arbitral award, Singapore, Singapore International Arbitration Centre, Vietnam

(Clifford Chance Asia) and , / /1 Comment

In 2021, Southeast Asia saw institutional progress, arbitration-related court decisions, and investment treaty developments. All in all, it was an eventful and, at times, surprising year for the region in terms of arbitration developments.   Institutional progress Some Southeast Asian arbitral institutions revamped and revised their arbitration rules as part of their strategic institutional development….

2020 In Review, AIAC, ASEAN, Diversity, Indonesia, Malaysia, Regional Comprehensive Economic Partnership, SIAC, SIAC Congress, Singapore, Singapore Convention on Mediation, Timor-Leste, Vietnam, YSIAC

, and (Clifford Chance Asia)/ /Leave a comment

Today is the last day of 2020. For most of us, 2020 has been a particularly unusual year due to the COVID-19 pandemic. Prompted by necessity, arbitration in Southeast Asia adapted to the sea-change by: (i) using technology for virtual hearings, events and to build on existing diversity initiatives, (ii) developing domestic arbitration case law…

International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Regional Comprehensive Economic Partnership, WTO

(National University of Singapore) and (City University of Hong Kong/ UMBRA Strategic Legal Solutions)/ /1 Comment

The Regional Comprehensive Economic Partnership (RCEP) was signed by its 15 Parties (after India, an initial negotiating party, withdrew from negotiations) on 15 November 2020.1)This article represents the authors’ personal opinions and does not represent the opinion of their respective organisations. The signature of this agreement amid the COVID-19 pandemic has made quite a headline…

2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership

(Australian National University)/ /Leave a comment

2019 has seen a series of important arbitration-related developments for Australia, New Zealand and the Pacific. This post highlights selected key arbitration developments in these States from the past 12 months. It focuses on several domestic arbitration law reform efforts and on important developments in respect of investor-State arbitration.   Domestic Arbitration: Legal Developments and…

Arbitration, ASEAN, Asia, Asia-Pacific, Australia, foreign direct investment, Regional Comprehensive Economic Partnership, Trans-Pacific Partnership

(University of Sydney)/ /Leave a comment

Recent developments in the international investment scene have also impacted the Asian region. Notably, China and Southeast Asia have emerged not just as growing foreign direct investment (FDI) recipients but also as major sources of outbound FDI. In parallel, the Asian region experienced a proliferation in international investment agreements (IIAs). Asian countries were initially hesitant…

Appellate Body, BIT, Free Trade Agreements, Free Trade Area of the Asia-Pacific, International arbitration, Investment Arbitration, ISDS, Regional Comprehensive Economic Partnership, TPP

(Peking University School of Transnational Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Investment obligations and investor-State arbitration provisions normally have been negotiated under bilateral investment treaties (BITs), or, more recently, in the larger context of free trade agreements (FTAs). For investment provisions, the movement from BITs to FTAs recently has taken an additional, significant step: the negotiation of such provisions in the even larger context of mega-regional…