Foreign Investment and Investment Arbitration in Asia最新文献

{"title":"Singapore's Approach to ISDS Reform: ‘A Shift in Geography’ in Investment Law?","authors":"Mahdev Mohan, Alexis O Ang","doi":"10.1017/9781780688404.010","DOIUrl":"https://doi.org/10.1017/9781780688404.010","url":null,"abstract":"","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129343009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Philippines: An Analysis of Investment Laws, Treaties and Dispute Resolution Mechanisms","authors":"Donemark J.L. Calimon, J. Santiago, Grace Ann C. Lazaro","doi":"10.1017/9781780688404.009","DOIUrl":"https://doi.org/10.1017/9781780688404.009","url":null,"abstract":"INTRODUCTION In 2018, the Philippines is the fourth freest economy in Southeast Asia, the 13th among 43 countries in the Asia-Pacific region, and the 61st in the world next to Spain. As of November 2017, the Philippine economy has grown over 6 percent for a ninth consecutive quarter. Indeed, the Philippines is emerging as one of this decade's economic stars with the World Bank predicting growth of more than 6 percent until 2019, underpinned by an ambitious infrastructure building programme and a young and growing population. With approximately 60 percent of the population within the age bracket of 15 – 64 years, a literacy rate of over 95 percent, and an English-speaking population, the Philippines has the manpower to fuel further economic growth. In addition to manpower, the Philippines has a robust domestic and international legal investment regime that aims to ensure and promote investment development, growth and protection. This chapter tackles the legal protections available to a foreign investor in the Philippines, including (i) substantive protections under both domestic laws and investment treaties; and (ii) procedural protections under investor-state dispute settlement (ISDS) remedies. The chapter will also deal with legal trends and future developments in the Philippines relating to foreign investments and ISDS. FOREIGN INVESTMENT: NATIONAL AND INTERNATIONAL LEGAL REGIMES NATIONAL LEGAL REGIME The Philippines encourages foreign investments as reflected in various laws, regulations and court decisions. As of January 2018, according to the Board of Investments (BOI), there are approximately 123 investment-related laws and 14 investment promotion agencies in the Philippines, e.g. the Philippine Economic Zone Authority (PEZA) and other special economic zones. The most important investment-related laws are described below. Commonwealth Act No. 108: The Anti-Dummy Law (ADL) The ADL provides that in all cases in which any constitutional or legal provision requires Philippine or any other specific citizenship as a requisite for the exercise or enjoyment of a right, franchise or privilege, any citizen of the Philippines or of any other specific country who allows his name or citizenship to be used for the purpose of evading such provision, and any alien or foreigner profiting thereby, shall be punished by imprisonment and/or by a fine.","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131745651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Investment Arbitration Today: Attempting the Reconstruction of the System","authors":"E. Masiá","doi":"10.1017/9781780688404.013","DOIUrl":"https://doi.org/10.1017/9781780688404.013","url":null,"abstract":"INTRODUCTION On 10 July 2017, the United Nations Commission on International Trade Law (UNCITRAL), agreed to initiate work on a possible multilateral reform of investment dispute settlement, including the probable establishment of a multilateral investment court. This follows a formal request from many countries, including the European Union and its Member States, to examine this issue. This is the latest development in a series of setbacks for investorstate dispute settlement (ISDS). Formerly, a number of other states have actively rejected the use of ISDS clauses or significantly limited their scope. Denunciation of the International Centre for Settlement of Investment Disputes (ICSID) Convention – Venezuela or Bolivia –, termination of its investment agreements – South Africa or Ecuador –, revision of its model Bilateral Investment Treaty – India –, non-renewal of its investment treaties – Indonesia –, are a few examples of the different approach to solving investorstate disputes and a clear manifestation to break with the current structure and form of international investment law. Simultaneously to all these movements and actions, the idea that emerges is that an ISDS reform is possible from’ within’. Without breaking the current structure, it is possible to evolve and modernise international investment law and arbitration. Despite what has been said before, there is no doubt that in the coming years international arbitration will remain the preferred option for resolving foreign investment disputes and all stakeholders need to ensure it counts among the most effective dispute resolution mechanisms. Only in 2016, 62 new cases were initiated pursuant to International Investment Agreements (IIAs), bringing the total number of known cases to 767. Changing the model would be slow, even if this change finally happens, and it should be borne in mind that the IIAs include sunset clauses with an average duration of 10 to 15 years. This study focuses precisely on analysing the changes that are occurring in this area to try to respond to the criticisms made, without abandoning the model. In this sense, two aspects are the focus of the study. Firstly, the adoption of rules designed specifically to resolve these types of disputes. Secondly, the changes made both in the substantive law of foreign investments and into the ISDS clauses of the IIAs.","PeriodicalId":296020,"journal":{"name":"Foreign Investment and Investment Arbitration in Asia","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116900004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}