investment treaty arbitration in the Asia-Pacific rose to prominence following the exponential increase in bilateral investment agreements (BITs) entered into by states in the region. Over time, a backlash developed against investor-state dispute settlement (ISDS) provisions contained in these BITs. Subsequently, a number of multilateral treaties that contain investment chapters and provisions on ISDS have been negotiated. Most prominently, these include the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Regional Comprehensive Economic Partnership (RCEP). It is timely to consider the different manner in which investors are protected under these agreements and the ISDS options available under each. Read More.
