Investment Treaty Arbitration in Asia: What Lies Ahead?

3 December 2013 | International Conference

(SIAA 2013 Conference) The 4th Annual Singapore International Investment Arbitration Conference

On 3 December 2013, 150 government lawyers, private practitioners, academics and students assembled in the Auditorium of the Supreme Court of Singapore to consider the topic of “Investment Treaty Arbitration in Asia: What Lies Ahead?”. In the first session of the Conference, delegates were provided with an overview of the present landscape of investment treaty arbitration in Asia in a joint presentation ably led by Professor Michael Ewing-Chow (CIL), Dr. Jürgen Kurtz (Melbourne University) and Mr. Morgan Maguire (CEO of Investor-State Law Guide). In the second session, delegates were treated to a candid panel discussion amongst five Asian practitioners on how they perceive investment treaty arbitration as filtering into their work and whether there is an Asian approach to this option of dispute resolution. The hard facts and personal views of the preceding sessions were then brought together in a session led by four luminaries in international arbitration, with a keynote speech by The Honorable The Chief Justice Sundaresh Menon SC, followed by a spirited discussion with Sir Franklin Berman KCMG QC (Essex Court Chambers), Mr. Toby Landau QC (Essex Court Chambers), and Judge Sir Christopher Greenwood CMG QC (International Court of Justice). Judge Sir Christopher Greenwood CMG QC delivered the concluding address. Proceedings of the Conference will be published in due course. CIL is grateful for the support of Merrill Corporation Real-Time Transcription, Investor-State Law Guide and Maxwell Chambers.

Session 1 – “Investment Treaty Arbitration in Asia: A tour d’ horizon“

This session provided an overview of the present landscape of investment treaty arbitration in Asia. Which Asian states have been named as respondents? How many Asian entities have launched claims? What is the win/loss record of Asian states? Who is acting as counsel? Who is being appointed to tribunals and ICSID ad hoc Annulment Committees? What is happening in the area of investment-treaty making in the region? Are States adapting their treaties in response to developments in the case law?

Session 2 – “Perspectives on Asian Participation in International Investment Arbitration”

Since the late 1990s, the practice of investment treaty arbitration has been largely dominated by law firms from the United States and Western Europe. There have been calls in Asia for law firms based in the region to begin to break into the de facto monopoly. This session invited leading Asian practitioners to share their perspectives on the participation of Asian law firms in international dispute resolution, particularly investment treaty arbitration. Speakers discussed the road to greater participation by Asian lawyers in the practice and growth of investment treaty arbitration.

Session 3 – “International Investment Arbitration in Asia: The Road Ahead”

In this session, four legal luminaries (Chief Justice Sundaresh Menon, Sir Franklin Berman KCMG QC, Mr. Toby Landau QC & Judge Sir Christopher Greenwood CMG QC) spoke about the road ahead in investment treaty arbitration in Asia.

Programme & Registration

For more information about the content of the programme, download the Programme in PDF format by clicking here or by clicking on the button below. For enquiries, please do not hesitate to get in touch with Ms. Geraldine Ng at gerry.ng@nus.edu.sg or call +65 6516 6842.

Real-Time Transcription by:

5.5 Public CPD Points
Practice Area: Alternative Dispute Resolution Training
Category: General

Participants who wish to claim CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. This includes signing-in on arrival and signing-out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.org.sg/for more information.