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Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive and Progressive Agreement for Trans-Pacific Partnership are agreed (CPTPP). While much of the original TPP looks to remain intact, 20 provisions of the TPP are suspended, in particular with respect to Investor–State Dispute … Read more
In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as time-barred. The Claimant's attempt to circumvent the limitation period by relying on the most favoured nation (MFN) clause did not succeed. The Tribunal came to this conclusion at an … Read more
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; Canada; Japan; Australia; New Zealand; Singapore; Vietnam; Malaysia; Chile; Peru; Mexico; and Brunei. On 24 … Read more
In two separate recent developments, South Korea and its trade partners under international free trade agreements have agreed panels of default arbitrators available to hear disputes arising under the agreements. The South Korean Government has announced a list of default arbitrators (to be appointed in circumstances where the parties to the dispute are unable to … Read more
The last few weeks have seen anti-Japanese protests in almost a dozen Chinese cities. Demonstrators took to the streets apparently in response to the latest developments in a long-standing dispute between China and Japan concerning a group of islands in the East China Sea called Senkaku in Japan, Diaoyu in the People’s Republic of China … Read more
A bilateral investment agreement or treaty (BIT) between Japan and Iraq was signed on 7th June 2012. This is the first BIT between Iraq and a major economy and is a significant and credible commitment by Iraq to the rights of foreign investors falling within the BIT’s protections. The BIT will enter into force 30 … Read more
A growing number of Asian economies are looking to each other for trade and investment. This note takes a look at such a strategic trade partnership pact – the Comprehensive Economic Cooperation Agreement (the “CEPA“) entered into between India and South Korea. Signed in August 2009, the CEPA came into force officially on 1 January … Read more