South East Asia

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will need to be finalised by the European Union and the Member States acting jointly, i.e. entered … Continue reading

Leave a Comment

Filed under Asia, Brexit, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia, Trade law, Treaty negotiation, interpretation and impact

Final Award published in the South China Sea arbitration

On 12 July 2016, the final Award in the arbitration between the Republic of the Philippines and The Peoples' Republic of China was issued by the Tribunal constituted under the United Nations Convention on the Law of the Sea ("UNCLOS"). … Continue reading

Leave a Comment

Filed under Award, Boundaries and Delimitation, China, South East Asia, sovereignty, State to state claims, Treaty negotiation, interpretation and impact, UNCLOS

A step towards finalising the Trans-Pacific Partnership Agreement: what does this mean for businesses?

As discussed in our blog post here, the TPP is a major free trade agreement between twelve countries in the Asia Pacific and the Americas that has been under negotiation for over four years. These twelve countries are the USA; … Continue reading

Leave a Comment

Filed under Americas, Asia, Australia, East Asia, Investment Arbitration, Japan, Latin America, Malaysia, South East Asia, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

Singapore signs the Hague Convention on Choice of Court Agreements: a step in the right direction for the Singapore International Commercial Court

In our previous article The New Frontier, we discussed the launch of the Singapore International Commercial Court (“SICC”) and in particular we questioned whether issues of cross border enforceability might impact the effectiveness of the new SICC. Last week, Singapore … Continue reading

Leave a Comment

Filed under Asia, South East Asia

Repaving the Southeast Asian Silk Road: EU-Singapore Free Trade Agreement negotiations concluded

In the wake of the recent agreement of the EU-Canada Comprehensive Economic and Trade Agreement (EU-Canada CETA) and after just over a year of negotiations, the EU and Singapore have released their free trade Agreement (EUSFTA) to the public.  (See … Continue reading

Leave a Comment

Filed under EU Law, Europe, South East Asia

Developments in resolving cross-border disputes

With the increase of global commerce, it also becomes increasingly important to provide for effective and quick dispute resolution mechanisms across state borders. A number of developments in international law recognise this trend and seek to address it. These developments … Continue reading

Leave a Comment

Filed under Asia, Australia, Investment Arbitration, South East Asia

European Commission requests European Court of Justice Opinion on competence to enter into EU-Singapore FTA

On 30 October the European Commission issued a press release announcing its intention to seek an opinion from the European Court of Justice as to the interpretation of the Lisbon Treaty in the context of the EU-Singapore Free Trade Agreement. … Continue reading

Leave a Comment

Filed under Asia, EU Law, Europe, Investment Arbitration, South East Asia

Indonesia’s Ratification of the ASEAN Agreement on Transboundary Haze Pollution

On 16 September 2014, the Indonesian parliament ratified the ASEAN Agreement on Transboundary Haze Pollution (“Haze Treaty”), making it the last country to do so from among the ten ASEAN member signatories. The ASEAN Agreement on Transboundary Haze Pollution The … Continue reading

Leave a Comment

Filed under South East Asia

Churchill Mining v Indonesia: ICSID Tribunal takes cautious approach to request for provisional measure

On July 8, 2014, a tribunal composed of Professor Gabrielle Kaufmann-Kohler (President), Michael Hwang S.C., and Professor Albert Jan van den Berg (the “Tribunal”), issued a Procedural Order No. 9 denying Churchill Mining PLC and Planet Mining Pty Ltd (“Claimants”) … Continue reading

Leave a Comment

Filed under Investment Arbitration, Mining, South East Asia

Draft arbitration legislation laid before Parliament in Myanmar

As previously reported, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) entered into force with respect to Myanmar on Monday 15 July 2013. At the time, we noted that a necessary … Continue reading

Leave a Comment

Filed under Asia, South East Asia