Researchers' Activities

CIL Practice Fellow Emily Choo was invited to present her paper, ‘The Impact of Amicus Curiae Submissions in Investment Treaty Arbitration’ at the 2015 Taipei International Conference on Arbitration and Mediation from 6-7 September 2015. The conference was attended by about 60 practitioners and academics from more than eight countries across Asia and Europe. Emily spoke about the investment arbitration tribunals’ treatment of amicus curiae participation in investment arbitration proceedings. Her paper is the latest comprehensive study of this particular area and her study of the cases shows that there are three main approaches that such tribunals have taken. She concluded her presentation by examining the precedential value of these earlier investment arbitration cases for the ongoing Philip Morris v Uruguay proceedings. To download her presentation, please click here.

CIL Practice Fellow Ms Harpreet Kaur Dhillon was invited to act as one of four instructors in a workshop in Nay Pyi Taw, Myanmar, from 6 to 8 July 2015 on ‘Public Policy and Investor State Dispute Settlement’, jointly organised by Myanmar’s Attorney-General’s Office and the International Commission of Jurists (Myanmar). It was attended by more than 60 government officials from across Myanmar, and presided over by Myanmar’s Attorney-General and Director-General. She taught in two 90-minute sessions on defences in investment treaty law, paying close attention to Myanmar’s existing investment treaties. She also developed, led and participated in exercises based on a simulation of an investor-state dispute that arises between Myanmar and investors of an ASEAN neighbour. To download Harpreet Kaur Dhillon’s PowerPoint Presentation, click here.

CIL Practice Fellow Emily Choo attended the Pearl River Delta Academy of International Trade and Investment Law, which was held in Macau and Shenzhen from 6 July 2015 to 17 July 2015. The Academy was organised by the Institute of European Studies in Macau and the Peking University School of Transnational Law and covered WTO law, international investment law, international trade and other areas of international law. The two-week Academy brought together postgraduate students from various disciplines to be trained by a faculty comprising leading academics from various fields.

CIL Research Fellow Junianto James Losari was invited to speak at the Art of Negotiating Trade and Investment Agreements Workshop: Taking Into Account the Global Tobacco Treaty. The workshop was held in Chiang Mai, Thailand on 25-26 June 2015. It was attended by academics and government officials from the Ministry of Health in the region. James spoke about the ‘Investment Framework from the ASEAN Perspective’ and its implication on tobacco control measures taken by ASEAN Members. He highlighted the importance of ASEAN Members to terminate their intra-ASEAN BITs, which do not provide enough policy space for States to take tobacco control measures without incurring liability. On the other hand, the newer generation International Investment Agreements, such as the ASEAN Comprehensive Investment Agreement and other ASEAN + Dialogue Partner(s) Investment Agreements contain general exceptions clauses that allow States to take measures to protect its public health, including tobacco control measures without incurring any liability. However, ASEAN Members must carefully formulate their measures to fulfil the requirements of such clauses.

Assoc Prof Michael Ewing-Chow was invited by the International Institute for Trade and Development (Thailand) and the Ministry of Foreign Affairs of Thailand to speak at a seminar on International Investment Agreements (IIAs) towards Global Sustainability. The two-day seminar was held on 25-26 June 2015 in Bangkok, Thailand. In addition to explaining the general framework of IIAs and its recent development, Michael also discussed shareholder recovery in investment claims and advised on options for IIA and BITs clauses.

On 25-27 May 2015, the Temasek Foundation held its Series on Trade & Negotiations: RSIS-WTO Parliamentarian Workshop 2015 in Singapore. This event brought together parliamentarian representatives from the region to learn and discuss further about the recent development in the World Trade Organization (WTO). The Director General of the WTO, Mr Roberto Azevedo, delivered his keynote address about the challenges for the WTO in the future. A/P Michael Ewing-Chow was invited to share Singapore’s experience in trade facilitation. In his talk, Michael talked about the situation in the region and how trade facilitation can help development. Using the history of Singapore and trade facilitation, he suggested some principles for trade facilitation, in particular the importance of dealing with corruption, garnering buy-in from all stakeholders, and upholding the rule of law.

Universitas Kebangsaan Malaysia (UKM) invited A/P Michael Ewing-Chow to speak at the ASEAN Economic Community Forum, which was held on 21-22 May 2015 in Kuala Lumpur, Malaysia. In the panel on ‘Full Integration into the Global Community: RCEP’, Michael delivered his presentation, ‘RCEP = ASEAN Plus Six Is the Whole Greater than the Sum of the Parts?’. He discussed the current context of the trade and investment landscape in RCEP negotiating countries. He also talked about the potential gains if RCEP could be concluded and the challenges that the negotiating parties will face during the negotiation based on the gap between some of the ASEAN and its Dialogue Partners as evidenced by the existing ASEAN+1 FTAs.

CIL Research Fellow Junianto James Losari was invited by the Economic Research Institute for ASEAN and East Asia to present his research on the investment chapters in various ASEAN + Dialogue Partners Free Trade Agreements (FTAs) in the 1st Workshop on the Regional Comprehensive Economic Partnership (RCEP) which was held on 20-21st May 2015 in Tokyo, Japan. The Workshop was attended by scholars (mostly economists) from various universities in Japan, South Korea, Indonesia, Singapore, and the Philippines. James presented his paper titled, ‘Searching for an Ideal International Investment Protection Regime for ASEAN + Dialogue Partners (RCEP): Where do we Begin?’ The paper conducted a baseline study of various provisions contained in various BITs, regional investment agreements and investment chapters of FTAs among ASEAN and its Dialogue Partners. He also proposed that RCEP should be used as an opportunity to consolidate the existing investment agreements to solve parallelism caused by the spaghetti bowl phenomenon of investment agreements among the negotiating parties. The Workshop is expected to produce a report for RCEP negotiators that can support the negotiating process.

CIL Practice Fellow Ms Harpreet Kaur Dhillon was invited to speak at the Regional Arbitral Institutes Forum (RAIF) 2015 on 9 May 2015 at the Kuala Lumpur Regional Centre for Arbitration in Kuala Lumpur, Malaysia. She was part of a 3-member panel on investor-state arbitration, together with Professor Chester Brown of University of Sydney and Mr. Hussein Haeri of Withers LLP (London). Harpreet presented on the “Clash of Bilateralism and Regionalism in International Investment Agreements of ASEAN Member States: What Have We Overlooked?”, examining the overlap in investment treaty protection in existing agreements and why an investor may approach strategically the question of which amongst multiple investment agreements between the same State parties it may proceed in investor-state arbitration. The keynote address was delivered by Singapore’s Attorney-General, Mr. V K Rajah SC, and the conference was hosted by the Malaysian Institute of Arbitrators. More than 100 participants attended the RAIF. To download her presentation in PDF format, click here.

The British Institute of International and Comparative Law invited A/P Michael Ewing-Chow, CIL Head of Trade/Investment Law and Policy, to be one of the panellists in the 24th Investment Treaty Forum Public Conference, which was held on 8 May 2015 in London, United Kingdom. The theme of this year’s forum was “The European Union’s Investment Treaties in Global Context”. On the panel, “Comparing the Texts-Substantive Protections”, Michael discussed the most-favoured nation (MFN) clause, which has been a subject of controversy in international investment law. He noted that the Investment Chapter of the EU-Singapore Free Trade Agreement does not have an MFN clause, whereas the Investment Chapter of the Canada-EU Free Trade Agreement (CETA) has one that carves out dispute settlement and limits MFN application only to treatment. He then proposed that the necessity of an MFN clause should be re-evaluated in light of States’ attempts to refine their new International Investment Agreements (IIAs), and that National Treatment (NT) and Fair and Equitable Treatment (FET) clauses may be sufficient to address investors’ concerns regarding abuse.