10 April 2014
CIL’s Head of Trade and Investment Law and Policy, Prof. Michael Ewing-Chow and CIL’s RA Junianto James Losari were invited by the DC Bar’s International Dispute Resolution Committee to attend a lunchtime panel discussion on “Changes in the System of Investor-State Dispute Settlement: Viewpoints from the Americas” that was held on 10 April 2014 at the office of Arnold & Porter LLP in Washington DC. The panelists (Anna Joubin-Bret, Jonathan S. Kallmer, and Omar Garcia-Bolivar) presented their findings of the current state of development in investor-state dispute settlement (ISDS) in both North America and South America. Michael and James were invited to share their views on the developments in Asia and in particular ASEAN and Asia. During the discussion that was moderated by Jean Kalicki, various innovations were mentioned on how countries sought to improve the current legal frameworks. These innovations are to be implemented both at domestic and international levels and could be considered as fresh ideas for currently ongoing IIAs negotiations, including the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership. Michael said that the ASEAN Comprehensive Investment Agreement (ACIA) has introduced several innovations, making it a more balanced agreement both in terms of investor protection and preserving the governments’ policy space. Separately, James queried whether there was any plans to consolidate agreements in the Americas, given that Asia has plans to do so under the Regional Comprehensive Economic Partnership (RCEP) negotiation.