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.

The United Nations Conference on Trade and Development (UNCTAD) invited A/P Michael Ewing-Chow, CIL Head of Trade/Investment Law and Policy, as one of a select group of international investment law experts to a Peer Review Meeting for the forthcoming UNCTAD World Investment Report (WIR) 2015. The Meeting was held on 29-30 April 2015 in Geneva, Switzerland. During the Meeting, the experts discussed the issue of International Investment Agreement (IIA) reform and how a holistic approach to IIA should be conceptualised. UNCTAD will include the result of the discussions in the forthcoming WIR 2015.

CIL Practice Fellow Ms Harpreet Kaur Dhillon was invited to speak at the 4th Conference for the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law on 16 and 17 April 2015 at the University of Milan in Milan, Italy. Harpreet delivered a paper on its Investment Dispute Settlement panel titled “The Makings of the Modern Investor-State Dispute Settlement (ISDS) Provision: the Case-Study of Singapore”, examining and critiquing the evolution of the ISDS provision in Singapore’s international investment agreements. More than 80 participants from around the world attended the Conference. To download her presentation, click here.

CIL Head of Trade/Investment Law and Policy Associate Professor Michael Ewing-Chow was invited by the ASEAN Secretariat and the World Trade Institute (WTI) to speak at the ASEAN Comprehensive Investment Agreement (ACIA) Forum on “Transforming Investment in ASEAN through ACIA”, which was held on 15 April 2015 in Jakarta, Indonesia. He shared his views about how ASEAN could be transformed into an investment hub by the ACIA and the potential benefits of ACIA to Indonesia. He also chaired a session on “The experience of the Indonesian and Third-Country Businesses in Investing in ASEAN”. The speakers of the session included Indonesian business leaders from Indofood, Semen Indonesia and XL Axiata, as well as Mr Rizar Indomo Nazaroedin, Director of Regional Cooperation of the Indonesian Investment Coordination Board (BKPM).

CIL Head of Trade/Investment Law and Policy Associate Professor Michael Ewing-Chow was invited by the ASEAN Secretariat and the World Trade Institute (WTI) to train Indonesian government officials during a two-day seminar (15-16 April 2015) on the ASEAN Comprehensive Investment Agreement (ACIA). The theme of the seminar was how ACIA could be used to attract investments to Indonesia.

CIL Head of Trade/Investment Law and Policy Associate Professor Michael Ewing-Chow and CIL Research Fellow Junianto James Losari were invited to the 2015 UNCTAD Expert Meeting on the Transformation of the IIA Regime, held from 25-27 February 2015. This Expert Meeting is the first-of-its-kind conference that brings together multi-stakeholders – treaty negotiators, academics, non-governmental organisations (NGOs) and relevant international organizations, e.g. the Organization for Economic Development (OECD) and the World Trade Organization (WTO) – to discuss and contribute to the transformation of the IIA regime which is currently under scrutiny by various States around the world. Associate Professor Michael Ewing-Chow was appointed as one of the Rapporteurs for the event. Various suggestions to improve the current IIA regime were put forward during the discussions, and the suggestions will be included in the 2015 World Investment Report.

CIL Head of Trade and Investment Law and Policy and Singapore’s WTO Chair, Prof. Michael Ewing-Chow and CIL Research Fellow, Junianto James Losari were invited for the third time to teach Investment Law at the Masters in Trade, Investment and Competition Law & Policy Program of Universitas Pelita Harapan in Jakarta, Indonesia. The intensive course was held on 9-13 February 2015.

CIL Senior Research Fellow Dr Hao Duy Phan, CIL Research Fellows Leonardo Bernard and Junianto James Losari and CIL Research Associate Harpreet Kaur Dhillon participated in the World Congress on International Law, held in New Delhi, India, from 9 to 11 January 2015. Organised by the Indian Society of International Law, the programme covered a wide range of areas in international law and practice. CIL researchers were invited to speak on panels addressing the law of the sea and international investment, trade and dispute resolution. To download their presentations, click here.

Senior Principal Research Fellow Christopher Thomas QC gave a speech at the 2014 Singapore International Arbitration Centre (SIAC) Congress on “Investment treaty arbitration: Just another form of commercial arbitration?” as part of the Closing Plenary Session on “Investment Treaty Arbitration in Asia: The meeting of international commercial arbitration and public international law”.

Senior Principal Research Fellow Christopher Thomas QC taught a two-day intensive training course for Ministry of Trade and Industry (MTI) officials on dispute settlement under international investment agreements. This was the second part to a three-day intensive course taught in November 2013.

United Nations Conference on Trade and Development (UNCTAD) invited CIL Head of Trade and Investment Law and Policy Professor Michael Ewing-Chow to the World Investment Forum 2014 to chair the session titled ‘Development and Investment Strategies’, together with Stephen Gelb and Xiaolan Fu on 15 October 2014 in Geneva, Switzerland. During the discussion, the participants discussed Global Value Chains (GVCs), Multinational Enterprises (MNEs) and Small and Medium Enterprises (SMEs), and institutions and governance as potential focus areas for research on investment and development.

CIL Research Associate Junianto James Losari attended an academic conference held jointly by Universitas Pelita Harapan (Indonesia) and Foreign Trade University (Vietnam) in Jakarta on 14-15 October 2014 in cooperation with the World Trade Institute (Switzerland). James presented his paper on ‘Comprehensive or BIT by BIT: ACIA and Indonesia’s BITs’. He criticised the existence of intra-ASEAN BITs (bilateral investment treaties) alongside the ASEAN Comprehensive Investment Agreement (ACIA), which has resulted in dual regimes of investment protection in the region, allowing investors to pick and choose the most favourable standards applicable to them. James offered recommendations for reconciliation of the regimes and preservation of Member States’ regulatory space. The conference was coupled with the launch of UPH’s WTO Chair Programme by the Deputy Director General of the WTO, Mr Yi Xiaozhun and the Ministry of Trade of Indonesia, Mr Muhammad Lutfi. James represented Singapore’s WTO Chair, Prof Michael Ewing-Chow to convey his support and interest for future collaboration with UPH. [Photo from event]

CIL Research Associate Junianto James Losari attended a meeting held by the Ministry of Foreign Affairs of Indonesia to discuss Indonesia’s review of the investor-state dispute settlement mechanisms included in its existing bilateral investment treaties and make recommendations for future investment agreements. The meeting, held on 14-16 August 2014 in Jakarta, was attended by government officials from various ministries and institutions in Indonesia.

CIL Head of Trade and Investment Law and Policy Professor Michael Ewing-Chow and CIL Research Associate Junianto James Losari spoke at the 2014 Society of International Economic Law Conference (SIEL) in Bern, Switzerland, on 10-12 July 2014. This biennial conference brings together the top academic experts and practitioners in the field to present their work and research on topics of trade, investment, and financial law. Professor Michael Ewing-Chow was an invited speaker at the session entitled ‘”Burning Issue” in IEL: Russia, Ukraine and the Crimea – IEL Dimensions’. Mr Losari presented a paper that he co-wrote with Professor Michael Ewing-Chow on ‘A Clash of Treaties – The Legality of Countermeasures in International Trade Law and International Investment Law’. To download the presentation, please click here.

CIL Head of International Trade and Law Professor Michael Ewing-Chow and CIL Research Associate Junianto James Losari met with ERIA Researchers, Mr. Yoshifumi Fukunaga, Ms. Lili Yan Ing, and Mr. Chandra Tri Putra to discuss ERIA’s baseline study of various investment agreements among the countries involved in the Regional Comprehensive Economic Partnership (RCEP) negotiations. The discussion focused on creating baseline study indicators to assess commitments on liberalisation and protection, the creation of which will provide useful information for negotiators of the RCEP.

Following the publication of their article in the Jakarta Post entitled “Indonesia should not withdraw from ICSID”, CIL Head of Trade and Investment Law and Policy, Prof Michael Ewing-Chow, and CIL Research Associate, Junianto James Losari were invited by the University of Indonesia to the National Seminar on Settlement of Investment Disputes: Indonesia, ASEAN, International, on 5 June 2014 in Jakarta, Indonesia to participate in the discussion regarding Indonesia’s policy on discontinuing or terminating its Bilateral Investment Treaties (BITs) regime. More than 300 participants attended the seminar, including government officials from various institutions in Indonesia, academics, and members of the media and business community. Other speakers at the seminar included: Mr Mahendra Siregar, Chairman of the Indonesian Investment Coordinating Board (BKPM), Mr Abdulkadir Jailani, Director for of the Ministry of Foreign Affairs, Mr Iswahjudi Karim (Karimsyah), and Prof Hikmahanto Juwana. For a summary of the discussion, please click here.