China sued by South Korean property developer at ICSID

This week, a South Korean property developer (“Ansung”)  became the second ever investor to request ICSID arbitration against the People’s Republic of China (“PRC”) (Ansung Housing Co., Ltd. v. People’s Republic of China (ICSID Case No. ARB/14/25)).  Little is known about the claims, which are reported to arise from the alleged actions of the provincial … Read more

China-Taiwan Bilateral Investment Protection Agreement: dispute resolution mechanisms exclude international arbitration

On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed the Cross-strait Bilateral Investment Protection and Promotion Agreement (“IPA“).  The IPA is expected to promote cross-strait economic exchanges, and to attract more Mainland Chinese investors into Taiwan and vice-versa.  Given the sensitivity of cross-strait relations (China does not recognise Taiwan … Read more

Trilateral Investment Agreement signed by China, Japan and South Korea

On 13 May 2012, China, Japan and South Korea signed the Agreement among the Government of Japan, the Government of the Republic of Korea and the Government of the People’s Republic of China for the Promotion, Facilitation and Protection of Investment (“Trilateral Investment Agreement“).  The Trilateral Investment Agreement is the first legal framework between the … Read more

India liable under BIT for extensive judicial delays

An UNCITRAL tribunal in Singapore has held that the Republic of India breached its obligation under the India-Kuwait bilateral investment treaty (BIT) to provide investors with an “effective means of asserting claims and enforcing rights” through undue delay in the Indian court system.  White Industries Australia Limited (White) had spent nine years attempting to enforce … Read more