Chapter 3 The ASEAN experience with investor-state dispute settlement
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Chapter 3 examines the ISDS provisions of ASEAN's IIAs, that is: IIAs among ASEAN member states; IIAs between ASEAN and its FTA partners; and IIAs between ASEAN member states and ASEAN FTA partners/third countries. The content of more than 300 ASEAN IIAs is 'mapped', with emphasis on their ISDS provisions and their use in ISDS cases. Key findings confirm that the universe of ASEAN IIAs includes multiple overlapping treaty relationships and IIAs that are both old and new, and whose ISDS provisions may or may not be reform-oriented. This increases the necessity but also the challenge of effecting ISDS reform in the ASEAN context. An additional finding suggests that the existing network of ASEAN IIAs has been relatively 'underutilised' by investors to date, especially by ASEAN investors. This may have an impact on the necessity and the design features of certain types of ISDS reform in an ASEAN context.

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