Investment Arbitration in East Asia and the Pacific

A Statistical Analysis of Bilateral Investment Treaties, Other International Investment Agreements and Investment Arbitrations in the Region

in The Journal of World Investment & Trade
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Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region’s continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IIAs. On the heels of this development, the region has seen a rising number of investment arbitrations. As of December 2014, at least 49 investment arbitrations have been brought against EAP countries and/or by EAP investors. Most recently, the number of new cases has picked up pace significantly, making the region a veritable ‘hot bed’ of investment arbitration.

Investment Arbitration in East Asia and the Pacific

A Statistical Analysis of Bilateral Investment Treaties, Other International Investment Agreements and Investment Arbitrations in the Region

in The Journal of World Investment & Trade

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114

 See Ken Davies‘China Investment Policy: An Update’ OECD Working Papers on International Investment 2013/01 (2013) 12 Table 1 <http://www.oecd.org/china/WP-2013_1.pdf> accessed 13 April 2015.

212

ICSID‘List of Concluded Cases’ <https://icsid.worldbank.org/ICSID/FrontServlet?requestType=GenCaseDtlsRH&actionVal=ListConcluded> accessed 13 April 2015.

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