Author
Prof Baigal Enkh-Amgalan (Ph.D)
Organisation/Institution
National University of Mongolia, School of Law
Country
MONGOLIA
Panel
International Investment Law
Title
Recent Development of Bilateral Investment Treaties in Asian Countries: From the Perspective of ISDS mechanism
Abstract
At the present-day, 2,221 out of 2,832 bilateral investment treaties (BIT) are in force worldwide. This number was 3,268 in 2014, and currently it is decreasing. The reason of the decrease in the number of BITs is a clear indication that major changes are taking place in this sector. In recent years, international organizations have also paid great attention to the agreements for investment protection and the reform of legal regulations for resolving disputes between the state and investors. As an illustration, countries such as EU-Singapore, EU-Vietnam, India, and Indonesia are at the forefront of such reforms in their respective Asian regions, and have begun to include interesting solutions for investment, investor identification, and arbitration jurisdiction in their agreements. Regarding, Mongolia, since the 1990s, Mongolia has entered into BITs with other countries, and currently 35 of the 44 treaties are in force. As well, Mongolia has participated in a total of 7 disputes as respondents in international arbitration. Except for the treaties Mongolia made with Japan and Canada, all of the BITS Mongolia made are "old era" treaties. Therefore, there is a need to update them and ensure that interests of investors and the government are equally met. On the other hand, measures to prevent any dispute between the state and the investor, and the measures to use modern tools to resolve investment disputes have been included in the model BIT developed by Mongolia in 2019, but there is currently no BIT made using the model. This research intends to compare the revision of the BITS in Asian countries, and study and analyze the changes, characteristics and future trends of the legal regulations for resolving disputes between the state and the investor, comparing the options such as the model BITs and the possible multilateral investment court that is intensively suggested by other international organizations, and determine the development trends. Key words: international investment law, international investment agreement, BIT, investor state dispute settlement, investment arbitration, development of investment dispute settlement mechanisms.
Biography
Baigal Enkh-Amgalan is associate professor of School of law, National University of Mongolia, as well as responsible to Comparative and International Law Center of NUM. She received her bachelor degree in School of law, Num, followed by LL.M in School of law, NUM and University of Bayreuth, Germany. 2018 she received her Ph.D degree in School of law, NUM. Her research field is Private International law and International Investment law, Jurisdiction of International Investment disputes. Professional Experience Baigal has published handbooks including Private International law, Civil Law General part, International Investment law and also dozens of digest related to Documents of Private International law and International Investment law. She also advised Governments projects to prepare laws and orders related to International law and Investment law as well as ISDS related to Mongolia. Since 2002 Baigal works as a lecturer at Law School, NUM, teaching Private International law, International Investment law and Civil law. Along with teaching, she coaching teams of School of law for Foreign Direct Investment Moot (FDI Moot), VISMOOT. As a lawyer, Baigal works as a member of working group for investor-state disputes, drafting model BIT and other laws. In 2016, Baigal appointed at arbitrator at MIAC panel, acted President or member of dozen arbitral tribunals.
