The Rise and Possible Fall of Investor-State Arbitration in Asia: A Skeptic's View of Australia's "Gillard Government Trade Policy Statement"
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
Introduction: ISA in Asia Meets Australia's New Policy
International commercial arbitration has grown rapidly in Asia - especially in arbitration centres in Singapore, Hong Kong and China - to resolve cross-border commercial disputes mainly between private firms. The stage has also been set for increased claims involving investor-state arbitration ("ISA"). Most Asian countries have acceded to the framework 1965 Convention on the Settlement of Investment Disputes between States and Nationals of other States ("ICSID Convention"), promoted by the World Bank. It provides a largely supranational regime for administering arbitration proceedings ...