Challenges and Opportunities for International Commercial Arbitration and Investor-State Dispute Settlement in the Asia-Pacific Region (15 July 2019)

Asian Institute of International Financial Law (AIIFL) jointly with USydney Law School: follow-up symposium on 18 Nov

Challenges and Opportunities for International Commercial Arbitration and Investor-State Dispute Settlement in the Asia-Pacific Region

Monday 15 July 2019
1:30 – 5:35 pm
Room 319, 3/F Cheng Yu Tung Tower
The University of Hong Kong

Building on Reyes & Gu (eds), The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia-Pacific (Hart, 2018), this symposium examines more recent challenges for international commercial arbitration (ICA), especially the proliferation of international commercial courts, the 2018 UN Convention on enforcement of mediated settlement agreements, and dispute resolution for the Belt & Road initiative. The main focus is on Hong Kong and Singapore (competing jurisdictions in the top “Stage 4” for ICA venues, as identified by Reyes & Gu), Australia (a “Stage 3” venue), China and Japan (“Stage 2” venues).

The symposium will also compare approaches in these jurisdictions to investor-state dispute settlement (ISDS). Building on Chaisse and Nottage (eds) International Investment Treaties and Arbitration Across Asia (Brill, 2018), participants will chart evolving treaty practices and high-profile ISDS cases (including eg in Indonesia), assess whether these do or might impact on public attitudes even towards ICA or other forms of arbitration, and explore alternatives or complements to ISDS.

Topics

International Commercial Arbitration in Australia: Judicial Control over Arbitral Awards
An Australian Perspective on Investment Treaty Negotiations and Investment Arbitration
Developing Japan as a Regional Hub for International Dispute Resolution: Dream Come True or Daydream?
Procedural Models to Upgrade BIT’s: China’s Experience
China and International Investment Arbitration: Chinese Arbitral Institutions and ISDS Rules
China’s Belt and Road Development and A New International Commercial Arbitration Initiative in Asia
International Commercial Arbitration and ISDS Developments in Hong Kong in the Context of the Belt and Road Initiative
Can the Singapore International Commercial Court Play a Role in ISDS?

Panel Discussion
ISDS in Recent Arbitration of International Investment Agreements Involving Asian countries
Contract claims v Treaty claims: can the investor have it both ways?

Programme is available HERE.