About this Seminar:- 

The 47 years since the founding of the International Centre for Settlement of Investment Disputes (ICSID) have seen a massive expansion in the negotiation and entry into Investment Treaties, with there now being over 2,500 Bi-Lateral Investment Treaties (BITs) in existence as well as a significant number of Multi-Lateral Treaties (MLTs). 

With the expanding Asian economies and massive inbound and outbound investment in projects, infrastructure, energy and national resources, investment treaties and investment treaty arbitration play a vital role in cross border transactions and litigation. That role will only increase as we enter a further cycle of resource nationalism and possible expropriations. 

Singapore has played a considerable role in this area, signing numerous double taxation treaties, entering into 18 BITs and being an agreed location for ICSID arbitrations. That role will only increase with Singapore’s expanding role as a commercial and legal hub for the region. Lawyers and clients will therefore have to consider the role that BITs play in transactions, litigation and arbitration instead of or alongside SIAC or ad hoc arbitrations and litigation before the Singapore International Commercial Court. 

This talk will cover the standard features of many bi-lateral investment treaties – by reference to the BITs Singapore has negotiated – the thresholds to companies and investors relying on them; why companies and investors should rely on them and the standard procedures in an International Investment Arbitration, and culminating with a discussion of some recent developments including the decision in Chevron v Ecuador, the UNCITRAL Transparency Rules and the concerns arising from the EU – US FTA. 

Seminar Programme:- 

About the Speaker: 

Sean Wilken QC specialises in complex, multinational arbitration and litigation in the commercial, construction, projects, energy (mainly upstream oil and gas and mining) and finance sectors. His work often involves assisting multi-nationals and governments in resolving high-risk (in both reputational and financial terms) problems, crises and claims. He has litigated claims worldwide with a focus on the Far East, Middle East and Europe. His international arbitral experience includes acting as Counsel before ICC; ICSID; LCIA; DIAC; HKIAC and SIAC. He also sits as an arbitrator on disputes arising from the Olympic Games (both winter and summer). In England and Wales, he has in depth experience in all levels and types of courts and tribunals including the Appellate Courts. He is listed in Chambers and Partners 2014 as a leading practitioner for International Arbitration; Energy and Construction and in the Legal 500 for International Arbitration and Construction. Sean has been consistently mentioned as a leading Silk by Legal 500; and by Chambers & Partners and in Legal Experts. 

About the Chairperson: 

Yu-Jin Tay is a partner and global co-chair of DLA Piper's international arbitration practice, with responsibility for coordinating the firm's international arbitration practice in Asia. Presently based in Singapore, he has practised international arbitration in Paris, London and Washington DC. He specialises in international arbitrations arising from M&A, joint venture, oil and gas, energy, infrastructure and general commercial disputes, and has experience of over 50 arbitrations under the rules of most leading arbitral institutions including the ICC, SIAC, HKIAC, LCIA, AAA-ICDR, CIETAC, DIAC, KLRCA and BANI. 

In addition to acting as counsel, Yu-Jin sits as an arbitrator and has received appointments in ICC, SIAC, LCIA and ad hoc arbitrations. He is a Fellow and elected Council member of the Singapore Institute of Arbitrators and a member of various arbitrator panels including the SIAC, KLRCA, KCAB and VIAC. Since 2001, he has had experience advising and representing investors and governments in investment treaty arbitrations and, since 2013, he has been designated by the Government of Timor-Leste to ICSID's Panels of Arbitrators and Concilators. Yu-Jin has also been commissioned by international development agencies to conduct arbitration training and capacity-building for governments in Asia and he is an Advisory Board member of the London-based NGO -- Africa International Law Awareness (AILA). In 2011, Yu-Jin was featured in the 2011 edition of Global Arbitration Review's 45 under 45, a global survey of arbitration lawyers under 45 and he has been listed annually as a leading individual in global legal directories including GAR's International Who's Who of Commercial Arbitration (since 2010), Chambers Asia-Pacific and Asia-Pacific Legal 500 (since 2008) and the Euromoney Guide to the World's Leading Experts in Commercial Arbitration (since 2006). 

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