This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals.

Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

chapter 2|28 pages

Investment arbitration in Asia

Five perspectives on law and practice 1

chapter 3|15 pages

A passive player in international investment law

Typically Japanese?

chapter 4|22 pages

The quandary for Chinese regulators

Controlling the flow of investment into and out of China

chapter 5|22 pages

Chinese investment treaties

A procedural perspective

chapter 6|23 pages

Foreign investment in Indonesia

The problem of legal uncertainty

chapter 7|18 pages

The Japan–Indonesia economic partnership agreement

An energy security perspective

chapter 9|18 pages

Treaty definitions of ‘investment' and the role of economic development

A critical analysis of the Malaysian Historical Salvors cases

chapter 10|19 pages

The ‘object and purpose' of Indian international investment agreements

Failing to balance investment protection and regulatory power

chapter 12|17 pages

Legal issues in Vietnam's FDI law

Protections under domestic law, bilateral investment treaties and sovereign guarantees