Researchers' Activities

CIL Practice Fellow Emily Choo attended the inaugural KLRCA Summer Academy on International Investment Law and Dispute Settlement, which was held in Kuala Lumpur, Malaysia from 25-29 July 2016. The Summer Academy was organised by the Kuala Lumpur Regional Centre for Arbitration in partnership with Clifford Chance. The 5-day programme comprised lectures, interactive training and practical exercises on topical issues in investment law. Around 50 government officials, academics, members of the judiciary and private practitioners from Malaysia, Indonesia, the Philippines, Singapore, Hong Kong and France attended the Summer Academy. [View image]

On 20 July 2016, CIL Director Lucy Reed participated in the Panel Discussion on The Rule of Law and Dispute Resolution held in Singapore. The panel discussion, which was accompanied by a performance by the Temple Church Boys’ Choir from London, was moderated by Chief Justice Sundaresh Menon and was jointly organised by The Honourable Societies of Inner and Middle Temple, The Temple Church and Singapore Academy of Law. To view the eBrochure, please click here. [View photo]

CIL Practice Fellow Emily Choo was invited to present her paper on “The Impact of Non-State Actors’ Intervention in Investor-State Arbitration” at the ILA British Branch Spring Conference on Non-State Actors and Changing Relations in International Law, which was held at the Lancaster University, United Kingdom on 8-9 April 2016. The conference was organised by the Lancaster University Law School and the International Law Association British Branch. Emily spoke about the impact of non-state actors on the development of investment law through their intervention in investor-state arbitration.

On 15 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave a keynote presentation at the Asian Business Law Institute’s Asia Pacific Arbitration Conference 2016 titled ‘The Rise of Investment Treaty and Investor State Arbitration Practices in Asia’. Among other issues, he addressed the current state-of-play of investment treaty making and investor-state arbitration in Asia, including the ASEAN Comprehensive Investment Agreement, as well as the status of ongoing negotiations on the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP).

On 1 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at the ‘International Symposium on China and Development of International Dispute Resolution System in the Context of “the Belt and Road” Construction’ at the Silk Road Institute for International and Comparative law at Xi’an Jiaotong University School of Law in Xi’an, China. His presentation, entitled ‘Building Legal Infrastructure for International Arbitration’, addressed the importance of a consistent, internationalised commercial arbitration framework across the range of states being considered for inclusion in China’s One Belt, One Road initiative.

CIL Research Fellow Junianto James Losari attended the Southeast Asia Law Scholars Colloquium held by Universitas Indonesia in Jakarta, Indonesia on 22 October 2015. James presented a paper that he co-wrote with A/P Michael Ewing-Chow titled “Multiple Authorisation: The Complexity of Desentralisasi in Indonesia and the Potential Contribution of IIAs in Resolving Confusion”. James discussed the problems posed by the desentralisasi system on foreign investors in Indonesia. Subsequently, he suggested ways to alleviate the problems by utilising Indonesia’s existing IIAs to discipline the regional governments. To view his presentation, click here.

CIL Research Associate Mark Huber attended the Centre for International Dispute Settlement’s International Conference on “International Dispute Settlement on the Crossroads of Public and Private International Law”, in Geneva, Switzerland on 25 September 2015. The conference discussed the public and private paradigms in investment treaty arbitration, the intersection between the trade and investment regimes, and conflicts, coordination and international responsibility in international arbitration and domestic litigation.

CIL Research Associate Mark Huber attended the British Institute of International and Comparative Law Investment Treaty Forum’s Twenty-fifth ITF Public Conference, “The ICSID Convention at 50”, in London, England on 18 September 2015. This meeting of the Investment Treaty Forum, organised in partnership with the ICSID Secretariat, discussed the history of the ICSID Convention, the legal issues raised in its interpretation and application, and its continuing role in the investment treaty regime.

CIL Senior Research Fellow Dr Hao Duy Phan and CIL Research Fellow Ranyta Yusran attended the 11th Annual Conference of the European Society of International Law in Oslo, Norway from 10-12 September 2015. The Conference was hosted by the PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo.

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.

On 3-5 June 2015, the Asian Society of International Law (AsianSIL), together with the Ministry of Justice of Thailand and the Thailand Institute of Justice, held the AsianSIL Inter-Sessional Conference on ‘The Rule of Law and Development Nexus: A New Deal for Asia?’ in Bangkok, Thailand. A/P Michael Ewing-Chow was invited to speak on a panel on ‘International Law and ASEAN Integration’ and delivered his presentation entitled ‘Outcomes and Costs – Towards A Just Peace’. CIL Research Fellow Leonardo Bernard, CIL Research Fellow Ranyta Yusran and CIL Research Associate Chang Ya Lan also attended the conference. To download A/P Michael Ewing-Chow’s presentation, click here.

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 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 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.

CIL Head of Trade and Investment Law and Policy Professor Michael Ewing-Chow was invited to the Global Georgetown Alumni Academic Program on 11 December 2014 in Singapore to share his views on the ongoing Trans-Pacific Partnership (TPP) negotiations. He suggested that the slow progress must be understood in the context of the differences between the negotiating states, including the rule of law and the economic and social issues within each state. Further, the negotiating states also have different offensive and defensive interests. For example, the United States has an offensive interest in ensuring a better Intellectual Property (IP) regime, while Australia has the opposite. Similarly, Australia, Canada and New Zealand have an offensive interest in agriculture, while Japan seeks to protect this sector. These differences alone pose challenges for the negotiating countries in striking an agreement that can accommodate all their interests. In addition, he shared his view that it is likely that Multinational Companies (MNCs) who operate Global Value Chains (GVCs) will play a greater role in driving the negotiations. Another interesting interplay to watch will be China’s role, as it has announced its interest in joining the TPP.

CIL Head of Trade Law and Policy Associate Professor Michael Ewing-Chow and CIL Research Fellow Ranyta Yusran participated in the Legitimacy of International Trade Tribunals Meeting in Geneva on 17-18 October 2014, where they presented their paper on the ASEAN trade dispute settlement mechanism. The meeting was organised by PluriCourts of University of Oslo, Norway as the first editorial meeting for a book on international trade tribunals. Other contributors came from Europe, the United States, Canada, Africa and Latin America. Please click on the following links for their working paper and presentation titled ‘If You Build It, They Still Will Not Come: ASEAN Trade Dispute Settlement Mechanism’.

CIL Head of Trade and Investment Law and Policy Professor Michael Ewing-Chow conducted a training session (organised by United Nations Conference on Trade and Development) for Pacific Island (PACER-Plus) countries’ government officials on Investor-State Dispute Settlement (ISDS) and alternative mechanisms to ISDS in Free Trade Agreements (FTAs). He discussed several alternative dispute resolution mechanisms in FTAs, including commercial arbitration, domestic courts, as well as the development of dispute management systems. This was done as part of the preparation for the PACER-Plus negotiations with Australia and New Zealand.

CIL Director Robert Beckman and CIL Research Fellow Leonardo Bernard participated in the Workshop on the Future of the Seas in East Asia, held in Jakarta, Indonesia on 5-6 October 2014. The Workshop was organised by the Centre for Strategic and International Studies, Jakarta. Professor Beckman was part of the panel on ‘Addressing the Challenges: Managing Disputes’, where he presented the legal perspective of the disputes in the East and South China Sea. To access his presentation, click here.

CIL Head of Trade and Investment Law and Policy Professor Michael Ewing-Chow, assisted by CIL Research Associate Junianto James Losari, taught at the Singapore Ministry of Foreign Affairs Training on Competition Law Policy and Intellectual Property Rights, which was organised by Drew & Napier and attended by twenty-seven government officials from around the world. Professor Ewing-Chow taught ‘Intellectual Property (IP), Technology, Investments & International Economic Law’ where participants learned about policy considerations that may affect States’ interests when entering into negotiations of IP provisions. Through the use of negotiation exercises using hypothetical fact patterns, the participants were tasked with reaching acceptable compromises relating to pharmaceutical products, tobacco plain packaging regulations and other public concerns pertaining to international IP and competition law regimes. For a photo from the event, click here.

CIL Research Fellow Ranyta Yusran participated in the 2014 International Law Association (ILA) Regional Conference on ‘Towards a Universal Justice? Putting International Courts and Jurisdiction into Perspective’ at the Lisbon University Law School, Portugal, from 11-12 September 2014. Ms Yusran presented a paper that she co-authored with CIL Head of Trade Law and Policy Associate Professor Michael Ewing-Chow entitled ‘If You Build It, They Still Will Not Come: ASEAN Dispute Settlement and Intra-ASEAN Disputes’ in Session 4 of the Conference concerning Dispute Settlement. The Conference was organised by the Lisbon University Law School and the Portuguese branch of the ILA and was attended by legal academics and practitioners from all over Europe. This is CIL’s second participation in ILA regional conferences. For a copy of her presentation, click here.

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 Director Professor Robert Beckman and CIL Senior Research Fellow Dr. Hao Duy Phan were invited to participate in the Conference on ‘Legal Issues regarding China’s Placement of the Oil Rig Haiyang Shiyou 981 in Viet Nam’s Exclusive Economic Zone and Continental Shelf’ in Ho Chi Minh City, Viet Nam. The Conference was organised jointly by the Ho Chi Minh City University of Law and the Viet Nam Lawyers Association. Professor Beckman made a presentation on the Dispute Settlement regime under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and Implications for the Disputes between Viet Nam and China. To download Professor Beckman’s presentation, click here.

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.