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Malaysia and Investor-State Dispute Settlement: Learning From Experience

In: The Journal of World Investment & Trade
Authors:
Sufian Jusoh Universiti Kebangsaan Malaysia Bangi Malaysia

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Muhammad Faliq Abd Razak Universiti Teknologi Mara Shah Alam Malaysia

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, and
Mohamad Azim Mazlan Universiti Sains Islam Malaysia Nilai Malaysia

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Online Publication Date:
06 Dec 2017
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Abstract

Malaysia is an important destination for foreign direct investment and has signed more than 70 investment guarantee agreements. Most allow investor-state dispute settlement (ISDS) and Malaysia has been subject to three claims, including two fully argued cases: Philippe Gruslin and Malaysian Historical Salvor. Yet Malaysian companies have also utilised ISDS provisions: in MTD Equity Bhd v Chile, Telekom Malaysia v Ghana, and Ekran Berhad v China (the first-ever ISDS claim against China). These cases provide lessons for Malaysia in becoming better prepared to negotiate newer generations of investment treaties, and to defend further potential cases. Malaysia has not reacted negatively to investment treaties despite the cases filed against the country. In fact, in light of its evolving interests Malaysia has become more of a rule-maker in international investment law rather than a rule-taker. Malaysia thereby continues to liberalise its investment regime and provide better transparency – the best defence against claims.

Title:
Malaysia and Investor-State Dispute Settlement: Learning From Experience
Article Type:
Research Article
DOI:
https://doi.org/10.1163/22119000-12340065
Language:
English
Pages:
890–917
Keywords:
investment treaties; investor-state disputes; transparency
In:
The Journal of World Investment & Trade
In:
Volume 18: Issue 5-6
Publisher:
Brill | Nijhoff
E-ISSN:
2211-9000
Print ISSN:
1660-7112
Subjects:
International Commercial, Trade & Investment Law, International Law

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