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 include: The inclusion of Investor-State Dispute Resolution mechanisms in the Trans-Pacific Partnership Agreement and the … Read more

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 Haze Treaty is a regional environmental treaty that obliges states party to prevent and mitigate … Read more

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”) their application for provisional measures. Relying on Article 47 of the ICSID Convention and Rule … Read more

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 next step was the introduction of new domestic legislation to implement the Convention, in particular … Read more

ICJ orders provisional measures in proceedings between East Timor and Australia

The International Court of Justice (ICJ) has handed down its decision in respect of provisional measures sought by East Timor in a pending case before the Court. The principal claim relates to documents and data seized by the Australian Security Intelligence Organisation (ASIO) from the office of an Australian lawyer representing East Timor in an … Read more

Myanmar and the European Union to enter into an investment protection agreement

In furtherance of its commitment to foreign investment and international arbitration, Myanmar has recently been involved in negotiations with the European Union (the EU) as a precursor to signing an investment protection agreement that, among other things, will recognise international arbitration as the preferred dispute resolution mechanism.   In addition to the enactment of the … Read more