The Investor-State Dispute Settlement (ISDS) regime stands at a crossroads. In recent years, international arbitration stakeholders have expressed growing concerns over legitimacy of the system. ISDS is often criticised 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 materialise in this part of the world?

This evening talk is delivered by Tan Sri Dato' Cecil Abraham, Senior Partner, Cecil Abraham & Partners, Dato' Nitin Nadkarni, Partner, Lee Hishammuddin Allen & Gledhill, Jonathan Lim, Senior Associate, Wilmer Cutler Pickering Hale and Dorr LLP, and moderated by Lim Tse Wei, Associate, Herbert Smith Freehills.

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