ASEAN Path #6 Investor-state arbitration procedures under the ASEAN Comprehensive Investment Agreement (“ACIA”)

ASEAN PATH is a series of white papers prepared by DFDL’s experts aiming to assess, in more depth, compelling issues arising from the regional economic integration under the auspices of the Association of Southeast Asian Nations (“ASEAN”) Economic Community Blueprint. The articles are based on an in-depth legal analysis of the local and ASEAN legal framework from the perspective of a practitioner assisting foreign and ASEAN investors in their investments and operations throughout various ASEAN Member States.

In this new ASEAN Path, L-Martin Desautels, Alex Larkin and Jeanne Perreault will analyze the investor-state arbitration procedures provided for by the ASEAN Comprehensive Investment Agreement (ACIA). They will explain the protections offered to foreign investors under the ACIA as well as the mandatory procedures for the submission of a claim. Arbitration is often considered the primary option for foreign investors wishing to pursue claims against a host State and the number of new cases is on the rise.