Presentations

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

Kyongwha Chung

Of Counsel, Covington & Burling

Seoul

Kyongwha Chung is an Of Counsel in the International Arbitration Group of Covington & Burling LLP, based in Seoul.  Kyongwha serves as counsel for both corporate clients and States and advises on commercial and investment treaty cases.  She has represented clients in international arbitrations under the ICSID, ICDR/AAA, ICC, LCIA, SIAC, HKIAC, KCAB, JCAA, and UNCITRAL rules.  Kyongwha is the co-chair of Investment Arbitration Subcommittee of the Inter-Pacific Bar Association, the President of Women’s Interest Committee of the KCAB International, a member of the ICC Committee on Arbitration and ADR, and serves on the Steering Committees of Society of Construction Law (Korea chapter), the Rules Committee of the Asia Pacific Centre for Arbitration & Mediation, and the Korean Council for International Arbitration.  Kyongwha authored the Korea chapter in the International Handbook on Commercial Arbitration edited by ICCA (2018) and the full-length treatise on arbitration in Korea, Arbitration Law of Korea: Practice and Procedure (Juris Publishing, 2012).  She frequently sits as an arbitrator and mediator.

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Lars Markert

Partner, Nishimura & Asahi (GKJ)

Tokyo

Lars Markert is a partner in the international dispute resolution department of Nishimura & Asahi in Tokyo.

Qualified in Germany and New York and registered as a Foreign Lawyer in Japan, he advises Asian and European companies and States in commercial and investment arbitrations, and also acts as an arbitrator. He is the co-chair of IPBA’s Dispute Resolution and Arbitration Committee and the former co-chair of the Investment Arbitration Subcommittee.

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Viren Mascarenhas

Founding Partner, Mascarenhas Law Pllc

New York

Mariel Dimsey Colour

Dr Mariel Dimsey

Independent Arbitrator, MD Arbitration and Advisory

Hong Kong

Dr. Mariel Dimsey is an international commercial and investment arbitration specialist and is an independent arbitrator and strategic adviser based in Hong Kong. She was previously Managing Partner and Head of International Arbitration of CMS Hong Kong and she is the immediate past Secretary-General of the HKIAC. She has 20 years’ experience acting as adviser, advocate, and arbitrator in numerous international arbitrations. As a true procedural expert, her experience spans many sectors, including construction/infrastructure, IP, post-M&A, real estate, international sales, pharmaceutical, energy, and banking & finance. She has particular expertise in disputes involving China and APAC, and extensive experience in both common law and civil law disputes. She is admitted to practice law in Australia and Hong Kong. She is the incoming Co-Chair of the DRAC.

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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.

Mumtaz Bhalla

Mumtaz Bhalla

Partner, Economic Laws Practice

New Delhi

Mumtaz Bhalla is a Disputes Partner in the Litigation, Arbitration and Dispute Resolution practice at ELP. She is an Advocate-on-Record (AOR) with the Hon’ble Supreme Court of India. With over 17 years of experience, Mumtaz has built a robust practice focused on domestic and international arbitration, commercial disputes, white-collar crime, and anti-money laundering matters. Her sectoral expertise spans aviation, healthcare, real estate, construction, and broader civil-commercial disputes. She also has significant experience in handling complex constitutional matters and regularly conducts compliance workshops for corporate clients.