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Foreign Investment and Investment Arbitration in Asia

Book | 1st edition 2019 | Carlos Esplugues

This book brings together foreign investment and investment arbitration in Asia, the fastest growing economic region in the world. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder.

To assess future possibilities, this book takes stock of, brings together and analyses the legal regimes on foreign investment in 12 major Asian jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These constitute paradigmatic examples of what is happening in the legal framework of Asian foreign investment and the impact that the current system of investment arbitration has in all of them. The analysis shows the existence of changing positions and degrees of openness towards foreign investment in the region, as well as a distinct level of exposure to and involvement in investment arbitration.

Predictably, their situation will change in the near future, at least in relation to investment arbitration. Proposals for reform have already been made and international institutions are working on the development of an alternative to the proceedings of investment arbitration as it is currently constructed and understood. Consequently, the last two chapters of this book are devoted to the analysis of these developments that will most probably affect the existing situation in the region.

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780687131 / 9781780688404
Weight 870 g
Status Available
Number of pages xxxiv
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jan 30, 2019
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
    Carlos Esplugues
  • Introduction
    Carlos Esplugues
  • Part I. National Reports
  • Foreign Direct Investment and Investment Arbitration in China and Hong Kong
    Kun Fan
  • Foreign Investment in India
    Darius Khambata, Aditya N. Mehta
  • Indonesia, Foreign Investment and Investment Arbitration
    Huala Adolf
  • FDI and Investment Arbitration in Japan
    Dai Yokomizo
  • The Korean Foreign Investment Law and Investor-State Dispute Settlement
    Gyoo-Ho Lee
  • Malaysia's Investor-State Dispute Settlement Experience
    Sufian Jusoh, Muhammad Faliq Abd Razak
  • Myanmar's Investor-State Dispute Settlement Experience and Investor Grievance Mechanism
    Sufian Jusoh
  • The Philippines
    Donemark Calimon, Jay Patrick R. Santiago, Grace Ann C. Lazaro
  • Singapore's Approach to ISDS Reform
    Mahdev Mohan, Alexis Ang
  • Foreign Investment and Investment Arbitration
    Suparb Vongkiatkachorn
  • Foreign Investment and Investment Arbitration in Vietnam
    Christian Schaefer, Ross Macleod, Luyen Vo
  • Part II. The Future of Investment Arbitration in the World and its Impact in Asia
  • Investment Arbitration Today
    Enrique Fernandez Masia
  • Towards a Permanent Investment Tribunal?
    Jose Gomara