Malaysia and investor-state dispute settlement: Learning from experience

Sufian Jusoh, Muhammad Faliq Abd Razak, Mohamad Azim Mazlan

Research output: Contribution to journalReview article

2 Citations (Scopus)

Abstract

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.

Original languageEnglish
Pages (from-to)890-917
Number of pages28
JournalJournal of World Investment and Trade
Volume18
Issue number5-6
DOIs
Publication statusPublished - 1 Jan 2019

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investor
Malaysia
learning
experience
treaty
China
Investors
Dispute settlement
direct investment
Ghana
foreign investment
Chile
transparency
guarantee
equity
Law

Keywords

  • investment treaties
  • investor-state disputes
  • transparency

ASJC Scopus subject areas

  • Business and International Management
  • Political Science and International Relations
  • Economics, Econometrics and Finance(all)
  • Law

Cite this

Malaysia and investor-state dispute settlement : Learning from experience. / Jusoh, Sufian; Razak, Muhammad Faliq Abd; Mazlan, Mohamad Azim.

In: Journal of World Investment and Trade, Vol. 18, No. 5-6, 01.01.2019, p. 890-917.

Research output: Contribution to journalReview article

Jusoh, Sufian ; Razak, Muhammad Faliq Abd ; Mazlan, Mohamad Azim. / Malaysia and investor-state dispute settlement : Learning from experience. In: Journal of World Investment and Trade. 2019 ; Vol. 18, No. 5-6. pp. 890-917.
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