The Investor-State Dispute Settlement (ISDS) regime stands at a crossroads. In recent years, international arbitration stakeholders have expressed growing concerns over the legitimacy of the system. ISDS is often criticized for the opacity of its processes and decisions on matters related to public interests and the right to regulate.
Even though various measures have sought to enhance transparency of ISDS for the past decade, calls for greater systemic transparency are still abound and are reflected in the ongoing amendment process of the ICSID Rules & Regulations. However, is transparency an agenda that resonates with Asia? With Asian countries now increasing their capital exports and participation in multilateral investment agreements, how will the transparency agenda materialize in this part of the world?
This session, featuring Jonathan Lim, aims to explore evolving Asian perspectives on transparency in ISDS and how these can inform existing discussions on ISDS reforms.