In 2018, he was among the inaugural batch of select practitioners to be recognised as a Senior Accredited Specialist in Building and Construction Law by the Singapore Academy of Law. The growth of outward foreign direct investment (FDI) from developing countries and of a new generation of emerging multinational enterprises (EMNEs) has stimulated a flurry of publications. In countries where policies protecting private investor rights are more susceptible to change, substantial minority state ownership in a project can substantially decrease overall investment project risk. 33:The pernicious institution of the party-appointed arbitrator, by Hans Smit. Is a model EU BIT possibleor even desirable? Foreign direct investments in Russia which are essential to modernize its economy may be lost if the Russian government does not send clear signals to restoreconfidence of Western investors., No. No. Ms Ye is the senior partner of King & Wood Mallesons PRCs cross-border dispute resolution practice and a recognised expert on PRC-related dispute resolution in the Asia Pacific region.Ms Ye is a former member of the board of the International Council for Commercial Arbitration (ICCA) and a member of the advisory board of the International Council for Commercial Arbitration (ICCA), a former court member of Singapore International Arbitration Center (SIAC) and a member of the SIAC Board of Directors. ThisPerspectivelooks at key outstanding issues in the China-US negotiations and identifies alternative compromises.. TheirPerspectivefocuses onFDIattraction and liberalization. He has contributed chapters for numerous treatises, such as The Role of Arbitration in Shipping Law, published by Oxford University Press (Goldby and Mistellis eds, 2016), The Developing World of Arbitration, published by Hart Publishing (Reyes and Gu eds, 2018) and ASEAN and the Belt and Road Initiative, published by Academy Publishing (Bitas ed, 2021). Investment incentives (subsidies designed to affect the location of investment) are a pervasive feature of global competition for foreign direct investment. Leng Sun has acted as counsel or sat as arbitrator in arbitrations seated in Singapore, Hong Kong SAR, China, Korea, Malaysia, London and USA under ad hoc and institutional rules such as SIAC, ICC, SCMA, LMAA, ICDR, CIETAC, HKIAC, AIAC and KCAB rules. 40:Why and how least developed countries can receive more FDI to meet their development goals, by Ken Davies. The authors outline key findings on the drivers of divestment by multinational enterprises using a large firm-level dataset and call for further research and a more explicit focus on divestments in data collection and policy-making., No. He also clerked for one of the foremost Indonesian arbitrators prior to joining SIAC.Kendista is admitted to the Indonesian Bar. He is recognized as a leading international commercial arbitrator in numerous legal publications, including Chambers and Partners and Whos Who Legal.Professor Hughes has taught extensively in the field of international dispute resolution and comparative law, including as adjunct professor at the National University of Singapore Faculty of Law (2019-present), associate professor at Seoul National University Law School (2015-2019), and visiting professor at the law faculties of Hong Kong University and National Taiwan University, among others. He also acted as a Vice-Chair of the IBA Arbitration Committee and a founding Co-Chair of the IBAs Asia-Pacific Arbitration Group. This follows the logic of an idealized free-market economy. Some hints from new survey evidence. 256:Incentivizing sustainable FDI: The Authorized Sustainable Investor, by Evan Gabor and Karl P. Sauvant, To help countries attract sustainable FDI, the authors suggest to create the category Authorized Sustainable Investor. Sen. Joe Manchin (D-W.Va.) condemned President Biden's recent comments on shutting down power plants that burn coal Saturday, calling them ThisPerspectiveweighs these challenges against the recent UNCITRAL decision to address ISDS reform, providing for a better framework to seek for shared global solutions to long-expressed concerns., No. The Pan-African Investment Code is an important step in this direction, but its non-binding character calls for influencing the content of other regional instruments to achieve greater impact., No. 205:State-owned enterprises face challenges in foreign acquisitions, by Jing Li and Jun Xia, State-owned enterprises (SOEs) have increasingly engaged in cross-border acquisitions. He has acted as counsel or served as arbitrator in international arbitrations involving disputes in telecommunications, transportation, energy, international distribution and joint ventures, mergers and acquisitions, construction, pharmaceuticals, and foreign investment. No. Instead, the IIA landscape is becoming increasingly multifaceted and complex, with different states following different models. She has also been ranked as a Notable Practitioner in Dispute Resolution by Asia Law, and was recognised as one of ALB India Top Disputes Lawyers. 293:From investment promotion and protection to investment regulation, by Crina Baltag, While the current framework of international investment law is largely shaped to promote and protect foreign investments, in the past years we have been witnessing a shift to investment regulation. No. ThisPerspectiveassesses the FTAs mechanism in the context of broader efforts to rebalance investor protection and state sovereignty, and to recalibrate interpretive authority between arbitral tribunals and treaty parties., No. 160:The Trans-Pacific Partnership investment chapter sets a new worldwide standard, by Mlida Hodgson, Seen in the context of the United States international investment agreement practice, the Trans-Pacific Partnership includes several new features expanding regulatory space for states on environment, health and finance but also backtracking on an appellate mechanism. 66:Does it matter who invests in your country?, by Kalman Kalotay. 187:Why some advanced economy firms prefer to be taken over by Chinese acquirers, by Jan Knoerich, Recently, bids by Chinese multinational enterprises for leading companies in advanced economies have multiplied, despite numerous concerns being raised about such acquisitions. 263:Strengthening multi-stakeholder cooperation in the international investment regime: The Brazilian model, by Fabio Morosini, Nicols M. Perrone and Michelle R. Sanchez-Badin, The rule of law and dispute avoidance and settlement may not be enough to turn FDI into a means to the realization of the SDGs. ThisPerspectiveexplains that many commitments will be made in the texts, so the final agreement should be viewed as a framework rather than the last word on the topic. Foreign direct investment flows to developing countries are hindered by many factors. ThisPerspectivesuggests that discussions about the desirability and feasibility of an appellate mechanism must be held in a multilateral context and apply to all treaties, not only selected few., No. Despite the global crisis, outward FDI by Latin American firms grew by more than 40% in 2008. As India seeks to boost foreign investment with its Make in India campaign, thisPerspectiveconsiders the possible lessons from Chinas experience and recommends matching regulatory reform with coordinated investment promotion., No. These include alignment of the domestic foreign direct investment policy with the Sustainable Development Goals and tapping corporate social responsibility funds. , No. Before sharing sensitive information, make sure youre on a federal government site. He was formerly the Senior Partner and Head of the International Arbitration, Administrative Law and Regulatory practices at M. & M. Bomchil (1993-2018) in Buenos Aires, and previously a Commissioner of Argentinas Securities & Exchange Commission (1991-1993).He was a Chair Professor of Administrative Law at the University of Buenos Aires School of Law and member of its Ph.D. and Awards Committees (1984-2019), and was awarded the University of Buenos Aires School of Law Award (1991) for the best doctoral dissertation in all areas of law. An International Investment Court: panacea or purgatory? He possesses wealth of experience in handling arbitrations both as a sole arbitrator or a member of an arbitral tribunal. ThisPerspectiveoutlines how outward FDI contributes to the development of homeeconomies,and discusses potential harmful effects. No. ThisPerspectiveoffers some ideas of how to get there., No. Davies also discusses how the global financial crisis is affecting Chinas outward FDI.A shorter version of this perspective was also printed in theShanghai Daily. The Regional Comprehensive Economic Partnerships investment chapter: One step forward, two steps back? It is also essential for emerging markets to adhere to the Guidelines.. Previously he practiced as counsel at Shearman and Sterling in the US and Singapore.Professor Hughes was educated in both the civil law and the common law traditions, having studied first at Seoul National University College of Law (all coursework in Korean), and then at NYU School of Law. Prior to joining SIAC, Shwetha worked in the dispute resolution practice of a leading law firm in New Delhi for nearly a decade on commercial litigation cases as well as investment treaty arbitrations involving foreign and Indian investors. Prior to joining the SIAC, Thea was an Associate Solicitor at the Office of the Solicitor General in the Philippines where she handled criminal, civil, international commercial, and investor-state arbitration cases. 270:Learning from Brazils bilateral investment treaties, by Paulo Cavallo, Investigations on the impact of BITs on FDI flows have neglected Brazil, a country that has attracted increased FDI flows despite not enacting any BIT. His main areas of practice are litigation and arbitration in banking, corporate/commercial and infrastructure disputes. Dexter graduated with aLL.B. He specialises in international commercial litigation and arbitration. He has served as advocate and as arbitrator in a large number of both commercial and investment treaty arbitrations. If negotiators wish to define said term, they should take guidance from the WTO rule book. 25:The response to the global crisis and investment protection: evidence, by Kathryn Gordon and Joachim Pohl. The lists do not show all contributions to every state ballot measure, or each independent expenditure committee 211:NAFTA 2.0: a way forward for the investment chapter, by Mlida Hodgson, The contentious NAFTA negotiations have yet to produce a concrete proposal for the investment chapter. Effective implementation processes, especially at the micro project level, are also essential to encourage FDI that matches host country development needs and priorities.. He holds an LL.B. ThisPerspectivesuggests how they may do so in an investment context by merging the BAT concept into BITs., No. No. Of particular significance in this context is the Commissions desire to reserve the determination of respondent status in future arbitral proceedings for itself. (Hons) from the Singapore Management University School of Law. 199:United States corporate tax reform and global FDI flows, by Miguel Prez Ludea, Proposals to reform corporate tax in the United States want to encourage domestic investment by American companies. Other disputes involve the design, construction and commissioning of a steel plant, software development agreement for a regulatory body, disputes relating to a public automated enforcement system, design and construction contract, contract for the marketing of natural resources, pharmaceutical supplies to a government concessionaire, hotel management agreement, development of an integrated resort, warranty claims for a car tracking system.Some significant Court matters relating to arbitration disputes include injunctions relating to cellular access network for an airport and the termination of a public service pending arbitration. Also important are corporate responsibility and home country support of host country measures. 336:"How host country governments can ensure competitive neutrality in cross-border M&As,"by Phil Baumann, In cross-border M&A transactions, certain investors enjoy government-created, undue competitive advantages. No. 83:Untying the land knot: Turning investment challenges into opportunities for all citizens, by Xiaofang Shen. Only bi-partisan framing of ICSID can positively move public opinion., No 126: The Transparency Rules and Transparency Convention: A good start and model for broader reform in investor-state arbitration, by Lise Johnson, The 2014 UNCITRAL Transparency Rules and Transparency Convention are a good first step toward greater transparency in investor-state arbitrations. 135:In defense of bilateral investment treaties, by Stephen M. Schwebel, The exclusion of investor-state arbitration from the TTIP agreement would represent a regressive development in international investment law that is to be resisted rather than furthered. 182:Philip Morris vs. tobacco control: two wins for public health, but uncertainty remains, by Tania Voon and Andrew D. Mitchell, Two investment treaty claims launched by Philip Morris entities against tobacco control measures implemented by Australia and Uruguay have ended, with Philip Morris losing both disputes. And has been featured in Top 50 Legal Icons, India by India Business Law Journal. 178:The Pacific Rim as a platform for international investment law harmonization, by Mark Feldman, Rodrigo Monardes Vignolo and Cristin Rodrguez Chiffelle, Over the past decade, active, converging treaty practice in the Pacific Rim region has created substantial momentum for international investment law harmonization. 47:Shaping global business conduct: The 2011 update of the OECD Guidelines for Multinational Enterprises, by Manfred Schekulin. Thea speaks Filipino (Cebuano and Tagalog) and English. As arbitration has grown by leaps and bounds, so has the role of the party-appointed arbitrator. WebLong-term, sustainable development will only be possible when women and men enjoy equal opportunity to rise to their potential. The author reviews evidence from a survey of political risk insurance providers on the consideration of bilateral investment treaties when assessing the risk of investment projects. The US-Mexico-Canada Agreement: the new gold standard to enforce investment treaty protection? The case for a framework agreement on investment. USAID is helping Afghanistan become a more responsible and integrated member of the region and the world. No. ThisPerspectivediscusses how this asymmetry can be reduced through negotiations support.. Myopic reliance on natural resources: How African countries can diversify inward FDI, Infrastructure for ore: Benefits and costs of a not-so-original idea. Is the party-appointed arbitrator a pernicious institution? Singapore is also one of the most preferred seats of arbitration in the world.2 A number of factors have contributed to this popularity: comprehensive legal infrastructure that is supportive of arbitration, including the adoption of the UNCITRAL Model Law on International Commercial Arbitration (1985); robust and efficient legal system, as well as a judiciary that is supportive of arbitration; convenient geographical location and political neutrality; use of technology and availability of infrastructure that supports new technology; world-class facilities and services at Maxwell Chambers for arbitration hearings; and enforceability of Singapore-issued arbitral awards in more than 150 countries through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (New York Convention) (subject to any local/domestic legislation and/or requirements. Investment and human rights: Is there an elephant in the room? 311: "The OFDI policy path and the product space," by Matthew Stephenson, Outward FDI policy can be understood as progressing down a path that informs the growing selection of home-country measures (HCMs), which can be used to both leverage existing and develop new capacity. A graduate from the Pontificia Universidad Javeriana in Bogota, where he received his Law degree (JD) together with a major in Economics, Mr. Mantilla-Serrano has also received a MCJ (LLM) from New York University (Fulbright Scholar), a DEA in International Private Law and International Trade and a DSU in EU Law from the Universit de Paris II. 233:Moving with the times: amending the ICSID rules, by Meg Kinnear, ICSID is amending its rules for resolving international investment disputes. CCSI seeks to promote a robust and wide-ranging exchange of perspectives in the FDI area. The spaghetti bowl of IIAs: The end of history? With experience of almost 30 years, Eri is an arbitration specialist and a seasoned litigator with extensive experience in commercial disputes, alternative disputes resolution, aviation law, and shipping law.Eri is the first and sole Indonesian lawyer appointed as member of SIAC Court of Arbitration. He is a Chartered Arbitrator, a Fellow of the Chartered Institute of Arbitrators and a Fellow of the Singapore Institute of Arbitrators. Apart from the competition area, he has experience in other aspects of corporate transactions like mergers and acquisitions, private equity and foreign direct investments. However, a person trying to deposit a check has no idea or control over whether the check will clear, and sometimes, that person is the victim of check fraud. No. His experience includes disputes in the areas of oil & gas taxation, oil & gas investment, outbound telecom investments, pharmaceutical manufacturing investments, real estate investments, insurance and construction projects.Minh has been active in Vietnam for 25 years, since 1994. She has significant experience managing claims arising out of project financing, privatizations, natural resource concessions, contracts with States and State-entities, and political risk insurance.Among other positions, she has served as Chair of the Institute for Transnational Arbitration (ITA), Vice-President of American Society of International Law, Vice-Chair of the Arbitration Committee of the IBA, Chair of the IBAs Investment Treaty Sub-Committee, President of LCIAs North American Users Council, Member of the Board of the American Arbitration Association, and Chair of the International Law Section of the Washington DC Bar. Abby Cohen Smutny is Global Head of White & Cases international arbitration practice group. He is also on the panel of arbitrators of the ICDR, HKIAC, KCAB, SCIA and the SIArbs Panel for Sports in Singapore.Mr Yeo is recognised as a leading litigation and arbitration counsel in international legal directories such as The Legal 500; IFLR1000; Chambers Global; Chambers Asia Pacific; PLC Which Lawyer; Best Lawyers; Expert Guides; and Whos Who Legal. According to Chambers and Legal 500 researchers, Mr Singh is number one in Singapore; a bona fide star performer; in a class of his own and a standout figure in arbitration as well as litigation; an exceptionally good lawyer always top of the tree.. No. She has been frequently invited to speak at international and regional professional conferences as an international arbitration expert as she is recognized as a leading counsel and arbitrator for international arbitration cases.Ms Ye received her LL.B. Dr Park is a Member of the SIAC Court of Arbitration and has served as a Vice-President of the LCIA Court. He was in the first batch of Senior Counsel appointed by the Singapore Supreme Court in 1997. No. In fact, there are many reasons deposited checks can bounce, and the most common reason is that the check originator does not have enough money available in their account. He is also a Senior Advocate practicing in the Supreme Court of India. 288:COVID-19 and FDI: How should governments respond?, by Ivan Anton Nimac, FDI has a major role to play in the post-COVID-19 recovery. The China-United States BIT negotiations: A Chinese perspective, Minority rules: State ownership and foreign direct investment risk mitigation strategy, Beware the discretionary choices of arbitrators, Lessons from South Africas BITs review. Royalty-free images 411,181,167 stock photos, vectors, and illustrations are available royalty-free. Key Findings. 264:Chinas new Foreign Investment Law: deeper reform and more trust are needed, by Yun Zheng, Against a backdrop of international economic turbulence, China passed the new Foreign Investment Law aiming to boost the trust of international investors. 188:The rise of self-judging essential security interest clauses in international investment agreements, by Karl P. Sauvant and Mevelyn Ong, State-controlled entities and the change in German investment law, FDI, catch-up growth stages and stage-focused strategies, The times they are a-changin again in the relationships between governments and multinational enterprises: From control, to liberalization to rebalancing, Economic patriotism: Dealing with Chinese direct investment in the United States. A Transatlantic Trade and Investment Partnership (TTIP) between the EU and US could be unprecedented in both scale and scope. 28 Maxwell Road #03-01 Maxwell Chambers Suites Singapore 069120, SIAC Signs Memorandum of Understanding with the Shanghai University of Political Science and Law, SIAC Signs Memorandum of Understanding with China Council for the Promotion of International Trade Hangzhou Committee, SIAC Signs Memorandum of Understanding with the Federation Of Indian Corporate Lawyers, SIArb Webinar: Developments in Singapore Arbitration, SMU Law Academy: LAW4043 SIAC and Institutional Arbitration: Law and Practice. New labor policy and flexible production, The global economic crisis and FDI flows to emerging markets: for the first time ever, emerging markets are this year set to attract more than half of global FDI flows, Sovereign wealth funds: much ado about some money, The growth of Brazils direct investment abroad and the challenges it faces, Outward investment by Trans-Latin enterprises: reasons for optimism, Indian FDI falls in global economic crisis: Indian multinationals tread cautiously, National security with a Canadian twist: the Investment Canada Act and the new national security review test, Land grab or development opportunity? Whats next for the investment facilitation agenda? ThisPerspectivehighlights its three focal points: the efforts on investment facilitation, the establishment of a National Treatment and Negative List mechanism, and investment protection., No. The author shares key takeaways from the successful negotiations and implementation of the TFA that can guide the world community in the context of the IFF4D., No. Parties are free to appoint their own arbitrators, engage their preferred counsel and choose the procedures and rules for the conduct of an arbitration. To address this, a new form of private insurance is proposed, which would fund prompt and effective representation for respondents in qualifying proceedings., No. 147:An appellate body for international investment disputes: How appealing is it?, by Joachim Karl, One suggestion in the ISDS reform debate relates to the establishment of an appellate body. No. They outline the qualifying criteria, as well as the additional benefits that would make it worthwhile for investors to seek this status., No. Manta's online marketing solutions help you connect, inform, and offer your products and services to new customers, leading to more sales and revenue in a way that provides long-lasting growth.. With all of the different voices and messages that
Custom Phone Case Manufacturer, Mozzarella Puff Pastry Parcels, What Is Retrieval Practice Examples, Cost-to-income Ratio Banks Investopedia, Essential Oil For Joint Pain Doterra, Side Effects Of Eating Steak Everyday, Koala Sampler Android, Clinical Neuroanatomy 7th Edition, Substitute For Wheat Bran, What Are Hiv Antibodies, Usa Sevens Rugby 2022,