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Part II Investor-State Arbitration in the Energy Sector, 14 Energy Investor-State Disputes in Asia

Koh Swee Yen

From: International Arbitration in the Energy Sector

Edited By: Maxi Scherer

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 06 July 2022


This chapter takes a critical view on some energy-related investor-state disputes in Asia which have ‘left a bitter taste in the Host State's mouth’. Using selected case studies, the chapter concludes that some Asian countries, who once saw agreeing to investor-state arbitration as a means to attract investment, are nowadays more reticent towards this type of dispute resolution. The chapter discusses how to revive investor-state arbitration in Asia. In particular, it considers investor-state arbitration against the backdrop of recent growth in outward Asian investment. It emphasizes the importance of regional and international energy cooperation and initiatives such as the Association of South-East Asian Nations (ASEAN) Comprehensive Investment Agreement.

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