An Asian Perspective on Enforcement of ISDS Awards – Trends and Developments

While the Investor-State Dispute Settlement (“ISDS”) enforcement regime is generally effective, substantial challenges persist, especially when political or sovereignty issues come into play. Enforcement of ISDS is slowly evolving as states, courts, and arbitral infrastructure respond to increased case volume and changing policy priorities. Asia demonstrates a mix of voluntary compliance, successful enforcement in courts, but also persistent challenges involving sovereign immunity, procedural hurdles, and local backlash against the ISDS regime, although Asian investors are more actively resorting to ISDS.
This session will explore changing landscape of enforcement of ISDS awards in Asia and involving Asian parties. Leading experts in ISDS will address ongoing challenges to enforcing ISDS awards, recent court decisions, evolving statutory regimes, and best practices for navigating enforcement obstacles. Also, the experts will share their views on the future of the ISDS regime and proposals for ways forward. Attendees will gain a deeper understanding of the challenges and opportunities facing both investors and states as they navigate the complexities of the new global order.

Presenters

Kyongwha Chung

Lars Markert

Viren Mascarenhas

Founding Partner, Mascarenhas Law Pllc

New York

Dr Mariel Dimsey

Arbitrator, Independent

Wan Chai

Teck Wee Tiong

Partner, WongPartnership LLP

Singapore

Teck Wee is a Partner in the Commercial & Corporate Disputes Practice and International Arbitration Practice, and is also the Co-Head of the Sustainability & Responsible Business Practice at WongPartnership LLP. His main areas of practice are in complex, high-value, cross-border, multi-jurisdictional commercial and corporate disputes, representing global MNCs, State-owned entities, public and private corporations, and high net-worth individuals from various jurisdictions both before the Singapore Courts and in international arbitrations. In his capacity as the Co-Head of the Sustainability & Responsible Business Practice, Teck Wee advises clients on a range of ESG and sustainability-related matters such as greenwashing, ESG related disputes and climate-related litigation, directors’ duties and liabilities in the ESG space, and carbon credits and carbon trading. Teck Wee also regularly contributes to publications (such as Mondaq, ICLG, IFLR, the Singapore Institute of Directors bulletin) and speaks at seminars and conferences on ESG and sustainability-related issues. Teck Wee was recently named as one of ALB’s Rising Stars Singapore 2024, and is also recognised in the Legal 500 as one of the Firm’s key lawyers in dispute resolution.