"What Protection for Foreign Investments in Asia under Investment Treaties, and How to Structure an Investment to Enhance Investment Treaty Protection?"
Tax & Legal Committee
Investment treaties are treaties in which states undertake to protect foreign investments in their territory. The protection guaranteed typically includes the obligation by the host state to treat the foreign investment fairly and equitably, not to discriminate against the foreign investment, and not to expropriate the foreign investment without compensation. Most importantly, most investment treaties provide aggrieved foreign investors with the means to enforce these protections in a neutral offshore forum, through international arbitration against the host state of their investment. Claims by foreign investors under investment treaties have grown significantly over the past five years or so. A number of Asian states have been on the receiving end of such claims. Further, the growing awareness of the protection offered by investment treaties increasingly leads foreign investors to structure their investment in order to fall within the scope of an investment treaty.
About the Speaker:
Ms Elodie Dulac is a senior associate in King & Spalding’s Singapore office and a member of the firm’s International Arbitration Practice Group. Ms. Dulac has represented clients in commercial and investment arbitrations around the world, with a particular focus on Asia. She has worked on international arbitrations under the rules of the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the Singapore International Arbitration Centre (SIAC), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), and the United Nations Commission on International Trade Law (UNCITRAL). In addition to her work as counsel, Ms. Dulac has been appointed as an arbitrator. She is a member of the Executive Committee of the Australasian Forum for International Arbitration. She has authored and co-authored several articles on international arbitration issues. She is admitted to practice in England & Wales and in Paris.
King & Spalding is a full-service Global 50 law firm with more than 800 lawyers across the United States, Europe, Asia and the Middle East. King & Spalding’s arbitration practice in Asia comprises a multi-cultural team of international lawyers with extensive experience of dispute resolution in the region. The team in Asia is based in in Singapore, which is the key centre for international arbitration in Asia. King & Spalding’s expertise covers both commercial and investment treaty arbitrations, in a wide range of business sectors including the energy, construction, infrastructure, automotive, healthcare, telecommunications, real estate and private equity industries.