Foreign Investment and Dispute Resolution Law and Practice in Asia

Vivienne Bath is Associate Professor in Law at the University of Sydney, and Director of the Centre for Asian and Pacific Law at the University of Sydney, Australia.Luke Nottage is Associate Professor in Law at the University of Sydney, Australia, and founding Co-Director of the Australian Network for Japanese Law.

• Preface, Akira Kawamura1. Foreign Investment and Dispute Resolution Law and Practice in Asia: An Overview, Vivienne Bath and Luke Nottage2. Investment Arbitration in Asia: Five Perspectives on Law and Practice, Luke Nottage and J. Romesh Weeramantry3. A Passive Player in International Investment Law: Typically Japanese?, Shotaro Hamamoto4. The Quandary for Chinese Regulators: Controlling the Flow of Investment into and out of China, Vivienne Bath5. China’s Investment Treaties: A Procedural Perspective, Nils Eliasson6. Foreign Investment in Indonesia: The Problem of Legal Uncertainty, Simon Butt7. The Japan-Indonesia Economic Partnership Agreement:An Energy Security Perspective, Sita Sitaresmi8. Foreign Investment Laws and the Role of FDI in Malaysia’s ‘New’ Economic Model, Salim Farrar9. Treaty Definitions of ‘Investment’ and the Role of Economic Development: A Critical Analysis of the Malaysian Historical Salvors Cases, Govert Coppens10. The ‘Object and Purpose’ of Indian Investment Agreements: Failing to Balance Investment Protection and Regulatory Power, Prabhash Ranjan11. The Evolution of Korea’s Investment Treaties and Investor-State Dispute Settlement Provisions, Joongi Kim12. Legal Issues in Vietnam's FDI Law: Protections under Domestic Law, Bilateral Investment Treaties and Sovereign Guarantees, Hop Dang13. Review of Asian Views on Foreign Investment Law, Muthucumaraswamy Sornarajah

"The overriding strength of this book lies in its exploratory and problem-solving focus. The contributing editors and authors well appreciate the divergent attitudes and practices towards investment law and practice in Asia. They are all experts in their fields. This book is a valuable tool for academics, students and practitioners engaged in Asian international investment law and practice. It provides incisive guidance to potential investors in Asia, suggesting whether, when and how they might invest in particular Asian countries, what kinds of support or resistance they may encounter and how they might plan their cross-border investments in light of that support or resistance. Viewed holistically, they provide a remarkably articulate assessment of divergent socioeconomic, political and cultural reasons for that divergence among Asian countries, including their impact upon FDI and ISA in particular."- LEON TRAKMAN, Professor of Law, University of New South Wales, Australia,