Commentaries & Opinion Editorials

UNCITRAL Working Group III Debate: Enforceability of Awards by an Appellate Mechanism or an Investment Court Under the ICSID and New York Conventions

During the discussions in the resumed 38th session of UNCITRAL Working Group III—held in Vienna from 20 to 24 January 2020—a principal issue under consideration by delegates was the enforceability of ‘awards’ rendered by an appellate mechanism or an investment court. The centrality of the issue of enforcement in the discussions rests upon the requirement …

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Cross-Border Data Flows in WTO Law: Moving Towards an Open, Secure and Privacy-Compliant Data Governance Framework

The digitalisation of the economy and the heavy dependence on cross-border data flows raises complex questions regarding the potential role of international trade agreements in data governance and digital regulation. As concerns around cybersecurity protection, privacy and data protection, and online censorship increase, governments across the world are struggling to strike a balance between digital …

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‘Abominable’ and the Nine-Dash Line: What Should Yeti Do?

The incident of the Abominable movie having scenes depicting China’s controversial nine-dash line map caused strong reactions from Southeast Asian countries. How can international companies doing business in the region avoid getting entangled in similar incidents in the future?

South China Sea Disputes Arise Again

Recent communications by the governments of Malaysia and China to the United Nations Secretary-General with respect to Malaysia’s submission regarding an ‘extended continental shelf’ in the South China Sea have once again focused attention on the legal and maritime disputes in the South China Sea. On 12 December last year, the Malaysian government advised the …

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Free Trade Agreements and Singapore

Free Trade Agreements (FTAs) are in the news lately. For example, India decided not to sign the Regional Comprehensive Economic Partnership Agreement (RCEP). The RCEP had been negotiated, for seven years, by 16 countries. It would have created the world’s biggest free trade area. India’s decision not to join the agreement was very disappointing to …

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