Chapter 7: Malaysia and Investor-State Dispute Settlement: Learning from Experience

Sufian Jusoh; Muhammad Faliq Abd Razak; Mohamad Azim Mazlan

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Chapter 7: Malaysia and Investor-State Dispute Settlement: Learning from Experience

于International Investment Treaties and Arbitration Across Asia

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Sufian Jusoh

Sufian Jusoh
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Muhammad Faliq Abd Razak

Muhammad Faliq Abd Razak
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Mohamad Azim Mazlan

Mohamad Azim Mazlan
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类型:: 章节

Page Range:: 216–242

DOI:: https://doi.org/10.1163/9789004360105_008

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Malaysia is an important destination for foreign direct investment and has signed more than 70 investment guarantee agreements. Most allow investor-state dispute settlement (isds) and Malaysia has been subject to three claims, including two fully argued cases: Philippe Gruslin and Malaysian Historical Salvor. Yet Malaysian companies have also utilised isds provisions: in mtd Equity Bhd v Chile, Telekom Malaysia v Ghana, and Ekran Berhad v China (the first-ever isds claim against China). These cases provide lessons for Malaysia in becoming better prepared to negotiate newer generations of investment treaties, and to defend further potential cases. Malaysia has not reacted negatively to investment treaties despite the cases filed against the country. In fact, in light of its evolving interests Malaysia has become more of a rule-maker in international investment law rather than a rule-taker. Malaysia thereby continues to liberalise its investment regime and provide better transparency – the best defence against claims.

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International Investment Treaties and Arbitration Across Asia

丛编： Nijhoff International Investment Law Series, 卷： 9

ISBN:: 9789004360105

出版社:: Brill | Nijhoff

印刷出版日期:: 26 Nov 2018

Subjects
- Asian Studies
  - South East Asia
- International Law

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Chapter 7: Malaysia and Investor-State Dispute Settlement: Learning from Experience

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International Investment Treaties and Arbitration Across Asia

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