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1 Asian Int'l Arb. J. 3 (2005)
Investment Treaty Arbitration and Asia: Survey and Comment

handle is hein.kluwer/asiainta0001 and id is 7 raw text is: INVESTMENT TREATY ARBITRATION AND ASIA: SURVEY AND COMMENT by John Savage* A. INTRODUCTION TO INVESTMENT TREATIES Investment treaties are agreements between two or more states in which each state party commits to promote and protect investments made by investors of the other state parties. There are currently thought to be around 2,300 bilateral investment treaties ('BITs') concluded by over 170 states throughout the world. Similar in many respects to BITs, but more recent and far fewer in number, are the investment chapters of certain bilateral free trade agreements. Multilateral investment treaties and investment chapters of multilateral free trade agreements share many of the features and goals of their bilateral cousins, but are ratified by at least three states. Only a handful of multilateral investment treaties are currently in force, the most prominent of which are the North American Free Trade Agreement ('NAFTA'), the Energy Charter Treaty ('ECT'), and the ASEAN Agreement for the Promotion and Protection of Investments ('ASEAN Agreement'). * LLB (King's College London), Maitrise Universit6 de Paris I (Panthdon-Sorbonne); Solicitor (England & Wales), Avocat (Paris); Partner and Head of International Arbitration Practice in Asia, Shearman & Sterling LLP, Singapore. This article should be read in light of the fact that the author represented SGS in the two cases discussed in this article. 1 Lists of investment treaties signed and ratified by certain states can be found on websites maintained by their respective governments (see, eg, for Australia: <http:// www.info.dfat.gov.au/Info/Treaties/Treaties.nsf/WebView?OpenForm&Seq=7# RefreshKWSubjectLevel2>; for Canada: <http://www.dfait-maeci.gc.ca/tna-nac/ fipaist-en.asp>; for France: <http://www.doc.diplomatie.gouv.fr/pacte>; for Hong Kong: <http://www.legislation.gov.hk/table2ti.htm>; for India: <http:// finmim.nic.in/the-ministry/dept-eco_affairs/investmentdiv/invest_index .htm#Background-andsalientfeatures>; for Japan: <http://www.mofa.go.jp/ region/index.html>; for Pakistan: <http://www.pakboi.gov.pk/IAgreements/ continued on the next page ASIAN INTERNATIONAL ARBITRATION JOURNAL, VOLUME 1, NUMBER 1, PAGES 3-48. @ SIAC, 2005

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