A Global Guide to International Arbitration. Asia-Pacific

Transcription

1 A Global Guide to International Arbitration Asia-Pacific

2 Introduction Welcome to Mayer Brown LLP s quick-reference guide to international arbitration globally. It is designed to provide a useful starting point when considering arbitration issues including the seat of the arbitration, enforcement options/risks and the protections which bilateral investment treaties may offer. The guide will provide you with the following information: : Has a country acceded? If so, on what basis and when? : Has a country acceded? If so when? Local arbitration law: What is the arbitration law of each country? When was it enacted? UNCITRAL Model Law on (1985): Does the country enact this law entirely or in part? Local arbitral institutions: Does a country have a local arbitration institution? Bilateral investment treaties: Which bilateral investment treaties has each country entered into? Key conventions & Laws: Is a country a signatory to any of the relevant conventions? ICSID cases: The number of pending and concluded cases involving the country. Belt & Road Initiative: Is this country participating in China s Belt & We hope you find this guide useful and informative. It has been made possible with the input from lawyers across Mayer Brown s global office network. This guide will be updated on a 6-monthly basis. Recent ICSID updates can be found at Mayer Brown User guide GET STARTED

3 User Guide Previous Page Next Page ts AMERICAS e country Argentina Bolivia Brazil Chile Haiti Honduras Mexico Nicaragua Region-specific Contents: Home Region Directory Region Contents Colombia Panama Costa Rica Cuba Dominican Republic Ecuador El Salvador Guatemala Paraguay Peru United State Uruguay Venezuela Choose from a list of countries to get more specific information.

4 Contents Region: ASIA-PACIFIC Choose country Afghanistan Armenia Australia Azerbaijan Bangladesh Bhutan Brunei Cambodia China Georgia Hong Kong India Indonesia Japan Kazakhstan Kyrgyzstan Laos Macau Malaysia Maldives Mongolia Myanmar (ex-burma) Nepal New Zealand Pakistan Papua New Guinea Philippines Singapore More countries...

5 Contents Region: ASIA-PACIFIC (cntd.) Choose country South Korea Sri Lanka Taiwan Tajikistan Thailand Timor-Leste Turkmenistan Uzbekistan Vietnam

6 Afghanistan Acceded 30 November This state will apply the only to the recognition and enforcement of awards made in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 25 July 1968 Afghan Commercial Arbitration Law (2007) No Afghanistan Centre for Dispute Resolution (ACDR) 3, 0 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement)(Signed in 2005, but not yet in force); Energy Charter Treaty (1994); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981); South Asian Free Trade Area Accord (SAFTA)(2004) In force: Germany, Iran and Turkey Not yet in force:

7 Armenia Acceded 29 December This state will apply the only to the recognition and enforcement of awards made in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 16 October 1992 Law on Commercial Arbitration (2006) No. HO-55-N; Law of the Republic of Armenia on On Arbitration Courts and Arbitration Procedures (1998) Permanently Acting Arbitration Courts at Chamber of Commerce and Industry (ACCCIRA); Arbitration Institution at the Chamber of Commerce and Industry of Armenia (RA CCI) 42, 7 not yet in force Energy Charter Treaty (1994); Treaty on Eurasian Economic Union (2014) 1 concluded, 1 pending In force: Austria, Belarus, BLEU (Belgium-Luxembourg Economic Union), Bulgaria, Canada, China, Cyprus, Egypt, Finland, France, Georgia, Germany, Greece, India, Iran, Israel, Italy, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lithuania, The Netherlands, Romania, Russia, Spain, Sweden, Switzerland, Syria, Ukraine, United Kingdom, United States, Uruguay and Vietnam Not yet in force: Iraq, Jordan, Kazakhstan, Qatar, Tajikistan, Turkmenistan and United Arab Emirates Cases as Respondent State: Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia (ICSID Case No. ARB/17/36), pending Global Gold Mining LLC v. Republic of Armenia (ICSID Case No. ARB/07/7), settled Cases as Home State of Claimant:

8 Australia Acceded 26 March June 1991 International Arbitration Act 136 (1974), Commercial Arbitration Acts: NSW (2010), QLD (2013), NT (2011), SA (2011), TAS (2011), VIC (2011), WA (2012), ACT (2017) Australian Centre for International Commercial Arbitration (ACICA); Australian Disputes Centre (ADC); LEADR & Institute of Arbitrators and Mediators Australia (LEADR & IAMA) 20, 0 not yet in force Agreement Establishing the ASEAN-Australia- New Zealand Free Trade Area (AANZFTA) (2012); Energy Charter Treaty (1994), not ratified; United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (2017), not ratified 4 concluded, 5 pending No In force: Argentina, China, Czech Republic, Egypt, Hong Kong, Hungary, Indonesia, Laos, Lithuania, Mexico, Pakistan, Papua New Guinea, Peru, Philippines, Poland, Romania, Sri Lanka, Turkey, Uruguay and Vietnam Not yet in force: Cases as Home State of Claimant: Churchill Mining and Planet Mining v. Indonesia (ICSID Case No. ARB/12/40), awarded in favour of investors Churchill Mining and Planet Mining v. Indonesia (ICSID Case No. ARB/12/14), pending Tethyan Copper v. Pakistan (ICSID Case No. ARB/12/1), pending Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v Democratic Republic of Timor-Leste (ICSID Case No. ARB/15/2), pending Tullow Uganda Operations PTY LTD v Republic of Uganda (ICSID Case No. ARB/12/34), pending Tullow Uganda Operations PTY LTD v Republic of Uganda (ICSID Case No. ARB/13/25), discontinued Western African Aquaculture Ltd, Kurt Lennart Hansson and Martje Bolt Hansson v. Republic of The Gambia (ICSID Case No. ARB/18/10), pending Misima Mines Pty. Ltd. v Independent State of Papua New Guinea (ICSID Case No. ARB/96/2), discontinued Russell Resources International Limited and others v Democratic Republic of Congo (ICSID Case No. ARB/04/11), discontinued

9 Azerbaijan Acceded 29 February October 1992 Law of the Republic of Azerbaijan on International Commercial Arbitration (1999); The Civil Procedure Code of the Republic of Azerbaijan (2000) Azerbaijan Arbitration and Mediation Center (AAMC) Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement)(signed in 2005, but not yet in force); Energy Charter Treaty (1994); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement)(1981) 3 concluded, 1 pending In force: Austria, Belarus, BLEU (Belgium-Luxembourg Economic Union), China, Croatia, Czech Republic, Finland, France, Georgia, Germany, Greece, Hungary, Iran, Israel, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Spain, Switzerland, Syria, Tajikistan, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States and Uzbekistan Not yet in force: Albania, Belarus, Bulgaria, Egypt, Estonia, Lebanon, Macedonia, Norway, Pakistan, Qatar, San Marino and Saudi Arabia Cases as Respondent State: Cem Selçuk Ersoy v. Republic of Azerbaijan (ICSID Case No. ARB/18/6), pending Azpetrol v. Azerbaijan (ICSID Case No. ARB/06/15), awarded in favour of state Barmek Holding A.S. v. Republic of Azerbaijan (ICSID Case No. ARB/06/16), settled Fondel Metal Participations B.V. v. Republic of Azerbaijan (ICSID Case No. ARB/07/1), settled Cases as Home State of Claimant: 47, 12 not yet in force

10 Bangladesh Acceded 6 May April 1980 Bangladesh Arbitration Act (2001); Rules of Arbitration of the Bangladesh Council of Arbitration (2001); BIAC Arbitration Rules (2011) Bangladesh International Arbitration Centre (BIAC) 29, 5 not yet in force Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement)(1981); South Asian Free Trade Area Accord (SAFTA) (2004) 3 concluded, 3 pending In force: Austria, BLEU (Belgium-Luxembourg Economic Union), China, Denmark, France, Germany, India, Indonesia, Iran, Italy, Japan, South Korea, Malaysia, The Netherlands, Philippines, Poland, Romania, Singapore, Switzerland, Thailand, Turkey, United Kingdom, United States and Uzbekistan Not yet in force: North Korea, Pakistan, United Arab Emirates, Vietnam and Turkey Cases as Respondent State: NEPC Consortium Power Limited v. Bangladesh Power Development Board (ICSID Case No. ARB/18/15), pending Saipem v. Bangladesh (ICSID Case No. ARB/05/7), awarded in favour of investor Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration and Production Company Limited ( Bapex ) and Bangladesh Oil Gas and Mineral Corporation ( Petrobangla ) (ICSID Case No. ARB/10/18), pending Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited ( Bapex ) and Bangladesh Oil Gas and Mineral Corporation ( Petrobangla ) (ICSID Case No. ARB/10/11), pending Chevron Bangladesh Block Twelve, Ltd. and Chevron Bangladesh Blocks Thirteen and Fourteen, Ltd. v. People s Republic of Bangladesh (ICSID Case No. ARB/06/10), data not available Barmek Holding A.S.v Republic of Azerbaijan (ICSID Case No. ARB/06/16), settled Scimitar Exploration Limited v. Bangladesh and Bangladesh Oil, Gas and Mineral Corporation (ICSID Case No. ARB/92/2), awarded in favour of the State Fondel Metal Participations B.V. v Republic of Azerbaijan (ICSID Case No. ARB/07/1), settled Cases as Home State of Claimant: NEPC Consortium Power Limited v. Bangladesh Power Development Board (ICSID Case No. ARB/18/15), pending

11 Bhutan Acceded 25 September This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. Bhutan is not a party to the Alternative Dispute Resolution Act of Bhutan (2013) South Asian Free Trade Area Accord (SAFTA) (2004); Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) (2004)

12 Brunei Acceded 25 July This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. 16 October 2002 Arbitration Act (Cap. 173) (1994); Arbitration Order (2009) Brunei Darussalam Arbitration Centre (BDAC); The Arbitration Association Brunei Darussalam (AABD) 8, 2 not yet in force ASEAN Comprehensive Investment Agreement (2009); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) (2012); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) In force: Bahrain, Germany, India, South Korea, Kuwait and Ukraine Not yet in force: China and Oman

13 Cambodia Acceded 5 January January 2005 The Commercial Arbitration Law of the Kingdom of Cambodia (2006) National Commercial Arbitration Center (NCAC); The Arbitration Council 23, 11 not yet in force ASEAN Comprehensive Investment Agreement (2009); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) (2012) 1 concluded, 0 pending In force: China, Croatia, Czech Republic, France, Germany, Japan, The Netherlands, Russia, Singapore, South Korea, Switzerland and Thailand Not yet in force: Austria, Belarus, Cuba, Hungary, Kuwait, Laos, Malaysia, North Korea, Pakistan, Philippines and Vietnam Cases as Respondent State: Cambodia Power Company v. Kingdom of Cambodia (ICSID Case No. ARB/09/18), awarded in favour of investor Cases as Home State of Claimant: Cambodia Power Company v. Kingdom of Cambodia (ICSID Case No. ARB/09/18), awarded in favour of investor

14 China Acceded 22 January This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. This state will apply the Convention with the same reservations to the Hong Kong SAR. 6 February 1993 Arbitration Law of the People s Republic of China Decree No. 31 (1994) No Beijing Arbitration Commission/Beijing International Arbitration Center (BIAC); China International Economic and Trade Arbitration Commission (CIETAC); Guangzhou Arbitration Commission (GZAC); Shanghai Arbitration Commission (SHAC); South China International Economic and Trade, Arbitration Commission/ Shenzhen Court of International Arbitration (SCIA); Shanghai International Economic and Trade Arbitration Commission/Shanghai International Arbitration Center (SHIAC); Wuhan Arbitration Commission (WAC) 130, 21 not yet in force Investment promotion and protection agreement between Japan, Republic of Korea and China (2012) 5 concluded, 4 pending In force: Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, BLEU (Belgium-Luxembourg Economic Union), Bolivia, Bosnia and Herzegovina, Bulgaria, Cabo Verde, Cambodia, Cameroon, Canada, Chile, Colombia, Democratic Republic of the Congo (2000), Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guyana, Hungary, Iceland, Iran, Israel, Italy, Jamaica, Japan, Kazakhstan, Kuwait,, Kyrgyzstan, Laos, Latvia, Lebanon, Lithuania, Macedonia, Madagascar, Malaysia, Mali, Malta, Mauritius, Mexico, Moldova, Mongolia, Morocco, Mozambique, Myanmar, The Netherlands, New Zealand, Nigeria, North Korea, Norway, Oman, Pakistan, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Syria, Tajikistan, United Republic of Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan, Vietnam, Yemen and Zimbabwe Not yet in force: Bahamas, Benin, Botswana, Brunei Darussalam, Chad, Democratic Republic of the Congo, Costa Rica, Côte d Ivoire, Djibouti, Guinea, Jordan, Kenya, Libya, Namibia, Seychelles, Sierra Leone, Turkey (2015), Uganda, Vanuatu and Zambia Cases as Respondent State: Ansung Housing Co., Ltd. v. People s Republic of China (ICSID Case No. ARB/14/25), awarded in favour of state Hela Schwarz GmbH v. People s Republic of China (ICSID Case No. ARB/17/19), pending Ekran Berhad v. People s Republic of China (ICSID Case No. ARB/11/15), discontinued Cases as Home State of Claimant: Sanum Investments Limited v. Lao People s Democratic Republic (ICSID Case No. ADHOC/17/1), pending Standard Chartered Bank (Hong Kong) Limited v. United Republic of United Republic of Tanzania (ICSID Case No. ARB/15/41), pending Beijing Urban Construction Group Co. Ltd. v. Republic of Yemen (ICSID Case No. ARB/14/30), discontinued

15 China (continued) Cases as Home State of Claimant: Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) Company of China, Limited v. Kingdom of Belgium (ICSID Case No. ARB/12/29), awarded in favour of state Standard Chartered Bank (Hong Kong) Limited v. United Republic of Tanzania Electric Supply Company Limited (ICSID Case No. ARB/10/20), pending Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6), awarded in favour of investor Country Contact: Contact Contact Name, Name, Position, Position, , , Tel, Tel, Office Office View in Directory

16 Georgia Acceded 2 June September 1992 Law of Georgia on Arbitration No IS (2009) Georgian International Arbitration Centre (GIAC) 33, 2 not yet in force Energy Charter Treaty (1994) 8 concluded, 1 pending In force: Armenia, Austria, Azerbaijan, BLEU (Belgium-Luxembourg Economic Union), Bulgaria, China, Czech Republic, Finland, France, Germany, Greece, Iran, Israel, Italy, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Lithuania, Moldova, The Netherlands, Romania, Spain, Sweden, Switzerland, Turkey, Turkmenistan, Ukraine, United Kingdom, United States and Uzbekistan Not yet in force: Egypt and Turkey Cases as Respondent State: Gardabani Holdings B.V. and Silk Road Holdings B.V. v. Georgia (ICSID Case No. ARB/17/29), pending Bidzina Ivanishvili v. Georgia (ICSID Case No. ARB/12/27), discontinued Itera International Energy LLC and Itera Group NV v. Georgia (II) (ICSID Case No. ARB/09/22), settled Itera International Energy LLC and Itera Group NV v. Georgia (I) (ICSID Case No. ARB/08/7), discontinued Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19), awarded in favour of investor Ron Fuchs v. The Republic of Georgia (ICSID Case No. ARB/07/15), awarded in favour of investor Ares International S.r.l. and MetalGeo S.r.l. v. Georgia (ICSID Case No. ARB/05/23), awarded in favour of investor Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18), awarded in favour of investor Zhinvali Development Ltd. v. Republic of Georgia (ICSID Case No. ARB/00/1), data not available Cases as Home State of Claimant:

17 Hong Kong Applies to Hong Kong through China as Contracting State. This state will apply the New York Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. Applies to Hong Kong through China as Contracting Member Arbitration Ordinance (Cap. 609) (2010); Rules of the High Court (Cap. 4A); Order 73, Arbitration Proceedings; Arrangement Concerning the Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (1999) China International Economic and Trade Arbitration Commission Hong Kong Arbitration Centre (CIETAC Hong Kong Arbitration Centre); Hong Kong International Arbitration Centre (HKIAC); International Chamber of Commerce (ICC) 19, 1 not yet in force 1 concluded, 0 pending In force: Australia, Austria, BLEU (Belgium-Luxembourg Economic Union), Canada, Denmark, Finland, France, Germany, Italy, Japan, Korea, Kuwait, The Netherlands, New Zealand, Sweden, Switzerland, Thailand and United Kingdom Not yet in force: Chile Cases as Respondent State: Cases as Home State of Claimant: Southern Pacific Properties (Middle East) Limited v. Arab Republic of Egypt (ICSID Case No. ARB/84/3), settled

18 India Ratified 13 July This state will apply the New York Convention only to the recognition and enforcement of awards made in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. India is not a party to the The Arbitration and Conciliation (Amendment) Act (2015) (No. 3 of 2016) Construction Industry Arbitration Council (CIAC); Delhi International Arbitration Centre (DIAC); Indian Council of Arbitration (ICA); International Center for Alternative Dispute Resolution (ICADR); Mumbai Centre For International Arbitration (MCIA) 61, 9 not yet in force South Asian Free Trade Area Accord (SAFTA) (2004); Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) (2004); Geneva Convention on the Execution of Foreign Arbitral Awards 1927 In force: Armenia, Bangladesh, Belarus, BLEU (Belgium-Luxembourg Economic Union), Bosnia and Herzegovina, Brunei, Bulgaria, Colombia, Cyprus, Finland, France, Greece, Iceland, Israel, Jordan, Kazakhstan, Korea, Kuwait, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macedonia, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Philippines, Poland, Portugal, Qatar, Romania, Saudi Arabia, Senegal, Serbia, Sri Lanka, South Korea, Sudan, Sweden, Syria, Taiwan, Tajikistan, Thailand, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, Uzbekistan, Vietnam and Yemen Not yet in force: Democratic Republic of the Congo, Djibouti, Ethiopia, Ghana, Nepal, Seychelles, Slovenia, Uruguay and Zimbabwe Cases as Respondent State: Cases as Home State of Claimant:

19 Indonesia Acceded 7 October This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 28 October 1968 Law on Arbitration and Alternative Dispute Resolution (1999) (Law No. 30 of 1999) No Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia) (BANI); National Sharia Arbitration Board (Badan Arbitrase Sharia Nasional) (Basyarnas) 42, 16 not yet in force ASEAN Comprehensive Investment Agreement (2009); Agreement Establishing the ASEAN- Australia-New Zealand Free Trade Area (AANZFTA) (2012); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) 6 concluded, 1 pending Participating in the Belt and In force: Australia, Bangladesh, Cuba, Czech Republic, Denmark, Finland, Iran, Jordan, Kyrgyzstan, Mauritius, Mongolia, Morocco, Mozambique, Poland, Russia, Saudi Arabia, South Korea, Sri Lanka, Sweden, Syria, Thailand, Tunisia, Ukraine, United Kingdom, Uzbekistan and Venezuela Not yet in force: Algeria, Chile, Croatia, Guyana, Jamaica, North Korea, Libya, Philippines, Qatar, Serbia, Sudan, Suriname, Tajikistan, Turkmenistan, Yemen and Zimbabwe Cases as Respondent State: Oleovest Pte. Ltd. v Republic of Indonesia (ICSID Case No. ARB/16/26), discontinued Nusa Tenggara Partnership B.V. and PT Newmont Nusa Tenggara v Republic of Indonesia (ICSID Case No. ARB/14/15), discontinued Churchill Mining and Planet Mining Pty+O17 Ltd v Republic of Indonesia (ICSID Case No. ARB/12/40 and 12/14), pending Rafat Ali Rizvi v Republic of Indonesia (ICSID Case No. ARB/11/13), awarded in favour of state Cemex Asia Holdings Ltd v Indonesia (ICSID Case No. ARB/04/3), settled Amco Asia Corporation and others v Indonesia (ICSID Case No. ARB/81/1), awarded in favour of the investor Government of the Province of East Kalimantan v Pr. Kaltim Prima Coal and others (ICSID Case No. ARB/07/3), awarded in favour of state Cases as Home State of Claimant: Amco Asia Corporation and others v Indonesia (ICSID Case No. ARB/81/1), awarded in favour of the investor Government of the Province of East Kalimantan v Pr. Kaltim Prima Coal and others (ICSID Case No. ARB/07/3), awarded in favour of the respondent

20 Japan Acceded to on 20 June This state will apply the only to the recognition and enforcement of awards made in the territory of another Contracting State. 16 September 1967 Japanese Arbitration Law (2003); Supreme Court Rules on Procedures of Arbitration Related Cases (2003) 28, 4 not yet in force Investment promotion and protection agreement between Japan, Republic of Korea and China (2012); Energy Charter Treaty (1994); Geneva Protocol on Arbitration Clauses (1923); Geneva Convention on the Execution of Foreign Arbitral Awards (1927) 0 concluded, 2 pending In force: Bangladesh, Cambodia, China, Colombia, Egypt, Hong Kong, Iran, Iraq, Israel, Kazakhstan, Kenya, Kuwait, Laos, Mozambique, Myanmar, Oman, Pakistan, Papua New Guinea, Peru, Russia, Saudi Arabia, South Korea, Sri Lanka, Turkey, Ukraine, Uruguay, Uzbekistan and Vietnam Not yet in force: N/A Cases as Respondent State: Cases as Home State of Claimant: Eurus Energy Holdings Corporation and Eurus Energy Europe B.V. v. Kingdom of Spain (ICSID Case No. ARB/16/4), pending JGC Corporation v. Kingdom of Spain (ICSID Case No. ARB/15/27), pending Japan Commercial Arbitration Association (JCAA)

21 Kazakhstan Acceded 20 November October 2000 Law on Arbitration (2016); Arbitration Law (2004); International Arbitration Law (2004) No Kazakhstan Arbitration Chamber 48, 5 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement) (signed in 2005, but not yet in force); Agreement on Promotion and Reciprocal Protection of Investments in Member States of the Eurasian Economic Community (Eurasian Investment Agreement) (2008); European Convention on International Commercial Arbitration (1961); Energy Charter Treaty (1991); Treaty on Eurasian Economic Union (2014); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) 9 concluded, 6 pending In force: Austria, Azerbaijan, BLEU (Belgium-Luxembourg Economic Union), Bulgaria, China, Czech Republic, Egypt, Estonia, Finland, France, Georgia, Germany, Hungary, India, Iran, Israel, Italy, Japan, Jordan, Kuwait, Kyrgyzstan, Latvia, Lithuania, Malaysia, Mongolia, The Netherlands, Pakistan, Poland, Romania, Russia, Serbia, Slovakia, South Korea, Spain, Sweden, Switzerland, Tajikistan, Turkey, Ukraine, United Kingdom, United States, Uzbekistan and Vietnam Not yet in force: Armenia, Finland, Greece, Macedonia, Malaysia and Qatar Cases as Respondent State: Big Sky Energy Corporation v. Republic of Kazakhstan (ICSID Case No. ARB/17/22), pending Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12), pending Aktau Petrol Ticaret A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/15/8), pending Devincci Salah Hourani and Issam Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/15/13), pending Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (II) (ICSID Case No. ARB/13/13), pending Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan (ICSID Case No. ARB/11/2), settled AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16), awarded in favour of neither party KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8), awarded in favour of state Caratube International Oil Company LLP v. Republic of Kazakhstan (I) (ICSID Case No. ARB/08/12), in favour of state Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14), in favour of state

22 Kazakhstan (continued) Cases as Respondent State: Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16), in favour of investor Enrho St Limited v. Republic of Kazakhstan (ICSID Case No. ARB/01/6), settled AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan (ICSID Case No. ARB/01/6), in favour of investor Cases as Home State of Claimant: Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (II) (ICSID Case No. ARB/13/13), pending Consolidated Exploration Holdings Ltd. and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/13/1), settled Vladislav Kim and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/6), pending Caratube International Oil Company LLP v. Republic of Kazakhstan (I) (ICSID Case No. ARB/08/12), in favour of state AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan (ICSID Case No. ARB/01/6), in favour of investor

23 Kyrgyzstan Acceded 18 December 1996 Signed 9 June 1995; not a contracting member Law of the Kyrgyz Republic On Arbitration Courts in the Kyrgyz Republic 135 (2002) No International Arbitration Court at the Chamber of Commerce and Industry (AIC CCI) 36, 11 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement) (signed in 2005, but not yet in force); Agreement on Promotion and Reciprocal Protection of Investments in Member States of the Eurasian Economic Community (Eurasian Investment Agreement) (2008); Energy Charter Treaty (1994); Treaty on Eurasian Economic Union (2014); Agreement on Promotion; Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) 2 concluded, 1 pending In force: Armenia, Azerbaijan, Belarus, Belgium, China, Finland, France, Georgia, Germany, India, Indonesia, Iran, Kazakhstan, Latvia, Lithuania, Luxembourg, Moldova, South Korea, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States and Uzbekistan Not yet in force:austria, Denmark, Kuwait, Malaysia, Mongolia, Pakistan, Qatar, Tajikistan, Turkey (2018), Ukraine and United Arab Emirates Cases as Respondent State: JSC Tashkent Mechanical Plant, JSCB Asaka, JSCB Uzbek Industrial and Construction Bank, and National Bank for Foreign Economic Activity of the Republic of Uzbekistan v. Kyrgyz Republic (ICSID Case No. ARB(AF)/16/4), pending Consolidated Exploration Holdings Ltd. and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/13/1), settled Sistem Mühendislik Inşaat Sanayi ve Ticaret A.Ş. v. Kyrgyz Republic (ICSID Case No. ARB(AF)/06/1), awarded in favour of investor Cases as Home State of Claimant:

24 Laos Acceded 17 June 1998 Laos is not a party to the Law on Resolution of Economic Disputes (2005) No Centre of Economic Dispute Resolution (CEDR); Office of Economic Dispute Resolution (OEDR) 24, 3 not yet in force ASEAN Comprehensive Investment Agreement (2009); Agreement Establishing the ASEAN- Australia-New Zealand Free Trade Area (AANZFTA)(2012); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004) 0 concluded, 3 pending In force: Australia, China, Cuba, Denmark, France, Germany, India, Japan, Kuwait, Mongolia, Myanmar, The Netherlands, Pakistan, Russia, Singapore, South Korea, Sweden, Switzerland, Thailand, United Kingdom and Vietnam Not yet in force: Belarus, Cambodia and Malaysia Cases as Respondent State: Lao Holdings N.V. v. Lao People s Democratic Republic (II) (ICSID Case No. ARB(AF)/16/2), pending Lao Holdings N.V. v. Lao People s Democratic Republic (I) (ICSID Case No. ARB(AF)/12/6), pending Sanum Investments Limited v. Lao People s Democratic Republic (ICSID Case No. ADHOC/17/1), pending Cases as Home State of Claimant:

25 Macau Applies to Macau through China as Contracting State. This state will apply the New York Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. Applies to Macau through China as Contracting Member Decree-Law 29/96/M (1996); Decree-Law 55/98/M (1998) World Trade Center Macau Arbitration Center 2, 0 not yet in force In force: The Netherlands and Portugal Not yet in force:

26 Malaysia Acceded 5 November This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 14 October 1966 Arbitration Act (2005) The Kuala Lumpur Regional Arbitration Centre (KLRCA) 67, 17 not yet in force ASEAN Comprehensive Investment Agreement (2009); Agreement Establishing the ASEAN- Australia-New Zealand Free Trade Area (AANZFTA) (2012); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) 5 concluded, 0 pending In force: Albania, Algeria, Argentina, Austria, Bahrain, Bangladesh, BLEU (Belgium- Luxembourg Economic Union), Bosnia and Herzegovina, Burkina Faso, Cambodia, Chile, China, Croatia, Cuba, Czech Republic, Denmark, Egypt, Ethiopia, Finland, France, Germany, Ghana, Guinea, Hungary, Iran, Italy, Jordan, Kazakhstan, Kuwait, Lebanon, Macedonia, Mongolia, Morocco, Namibia, The Netherlands, North Korea, Peru, Poland, Romania, Saudi Arabia, Slovakia, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Syria, Taiwan, Turkey, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan and Vietnam Not yet in force: Botswana, Djibouti, Kyrgyzstan, Laos, Malawi, Papua New Guinea, San Marino, Senegal, Sudan, Turkmenistan, Yemen and Zimbabwe Cases as Respondent State: Malaysian Historical Salvors, SDN, BHD v. Malaysia (ICSID Case No. ARB/05/10), awarded in favour of state Philippe Gruslin v. Malaysia (II) (ICSID Case No. ARB/99/3), awarded in favour of state Philippe Gruslin v. Malaysia (I) (ICSID Case No. ARB/94/1), settled Cases as Home State Claimant: Ekran Berhad v. People s Republic of China (ICSID Case No. ARB/11/15), settled MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Chile (ICSID Case No. ARB/01/7), awarded in favour of investor Malaysian Historical Salvors, SDN, BHD v. Malaysia (ICSID Case No. ARB/05/10), awarded in favour of state

27 Maldives Maldives is not a party to the Maldives is not a party to the Arbitration Act No.10/2013 (2013) South Asian Free Trade Area Accord (SAFTA) (2004); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) Not yet in force: United Arab Emirates Cases as Respondent State: Cases as Home State Claimant: Maldives International Arbitration Centre 1, 1 not yet in force

28 Mongolia Acceded 24 October This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 14 July 1991 Law of Mongolia on Arbitration (2003) Mongolian International and National Arbitration Court (MINAC) 43, 6 not yet in force Energy Charter Treaty (1994); Convention on the Settlement by Arbitration on of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation (1972) 1 concluded, 0 pending In force: Austria, Belarus, BLEU (Belgium-Luxembourg Economic Union), Canada, China, Cuba, Czech Republic, Denmark, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Israel, Italy, Kazakhstan, Kuwait, Laos, Lithuania, Malaysia, The Netherlands, Philippines, Poland, Romania, Russia, Singapore, South Korea, Sweden, Switzerland, Tajikistan, Turkey, Ukraine, United Kingdom, United States and Vietnam Not yet in force: Bulgaria, Croatia, Kyrgyzstan, North Korea, Qatar and United Arab Emirates Cases as Respondent State: Alstom Power Italia SpA and Alstom SpA v. Republic of Mongolia (ICSID Case No. ARB/04/10), settled Cases as Home State Claimant:

29 Myanmar Acceded 16 April 2013 Myanmar is not a party to the Arbitration Law [5] (2016) 9, 3 not yet in force ASEAN Comprehensive Investment Agreement (2009); Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) (2004); Agreement Establishing the ASEAN- Australia-New Zealand Free Trade Area (AANZFTA) (2012); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004) In force: China, India, Japan, Laos, Philippines and Thailand Not yet in force: Israel, South Korea and Vietnam

30 Nepal Acceded 4 March This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 6 February 1969 Arbitration Act, 2055 (1999) No 6, 2 not yet in force Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) (2004); South Asian Free Trade Area Accord (SAFTA) (2004) In force: Finland, France, Germany and United Kingdom Not yet in force: India and Mauritius Nepal Council of Arbitration (NEPCA)

31 New Zealand Acceded 6 January This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. Accession to the Convention by the Government of New Zealand shall not extend for the time being, pursuant to article X of the Convention, to the Cook Islands and Niue. 2 May 1980 Arbitration Act 1996 New Zealand International Arbitration Centre (NZIAC); Arbitrators and Mediators Institute of New Zealand (AMINZ) 4, 2 not yet in force Agreement Establishing the ASEAN-Australia- New Zealand Free Trade Area (AANZFTA) (2012) 1 concluded, 0 pending In force: China and Hong Kong Not yet in force: Argentina and Chile Cases as Respondent State: Mobil Oil Corporation and others v. New Zealand (ICSID Case No. ARB/87/2), settled Cases as Home State Claimant:

32 Pakistan Acceded 14 July This state will apply the only to the recognition and enforcement of awards made in the territory of another Contracting State. 15 October 1966 Arbitration Act (1940) No Center for International Investment and Commercial Arbitration (CIICA) 48, 16 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement) (signed in 2005, but not yet in force); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981); South Asian Free Trade Area Accord (SAFTA) (2004) 6 concluded, 2 pending In force: Australia, Bahrain, BLEU (Belgium-Luxembourg Economic Union), Bosnia and Herzegovina, China, Denmark, France, Germany, Iran, Italy, Japan, Kazakhstan, Kuwait, Laos, Lebanon, Mauritius, The Netherlands, Oman, Portugal, Romania, Singapore, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Syria, Tajikistan, Turkey, United Arab Emirates, United Kingdom and Uzbekistan Not yet in force: Azerbaijan, Bangladesh, Belarus, Bulgaria, Cambodia, Czech Republic, Egypt, Germany, Kyrgyzstan, Morocco, Philippines, Qatar, Tunisia, Turkey, Turkmenistan and Yemen Cases as Respondent State: Karkey Karadeniz Elektrik Uretim A.S. v. Islamic Republic of Pakistan (ICSID Case No. ARB/13/1), pending Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1), pending Agility for Public Warehousing Company K.S.C. v. Islamic Republic of Pakistan (ICSID Case No. ARB/11/8), awarded in favour of neither party Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/29), awarded in favour of state Impregilo S.p.A. v. Islamic Republic of Pakistan (II) (ICSID Case No. ARB/03/3), settled Impregilo S.p.A. v. Islamic Republic of Pakistan (I) (ICSID Case No. ARB/02/2), discontinued SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13), settled Occidental of Pakistan, Inc. (U.S.) v. Islamic Republic of Pakistan (ICSID Case No. ARB/87/4), settled Cases as Home State of Claimant:

33 Papau New Guinea Papau New Guinea is not a party to the 19 November 1978 Arbitration Act (Cap. 46) (1951) No 6, 1 not yet in force 3 concluded, 0 pending No In force: Australia, China, Germany, Japan and United Kingdom Not yet in force: Malaysia Cases as Respondent State: Puma Energy PNG Supply Ltd and Puma Energy PNG Refining Limited v. Independent State of Papua New Guinea (ICSID Case No. ARB/17/26), discontinued Misima Mines Pty. Ltd. v Independent State of Papua New Guinea (ICSID Case No. ARB/96/2), discontinued PNG Sustainable Development Program Ltd. v Independent State of Papua New Guinea (ICSID Case No. ARB/13/33), awarded in favour of state Cases as Home State of Claimant:

34 Philippines Ratified 6 July This state will apply the New York Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 17 December 1978 Arbitration Law (1953); Alternative Dispute Resolution Act of 2004 (2004); Special Rules of Court on Alternative Dispute Resolution (2009) Philippine Dispute Resolution Center, Inc. (PDRCI) 37, 5 not yet in force ASEAN Comprehensive Investment Agreement (2009); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) (2009) 4 concluded, 1 pending In force: Argentina, Australia, Austria, Bangladesh, BLEU (Belgium-Luxembourg Economic Union), Canada, Chile, China, Czech Republic, Denmark, Finland, France, Germany, India, Italy, Kuwait, Mongolia, Myanmar, The Netherlands, Portugal, Romania, Russia, Saudi Arabia, South Korea, Spain, Switzerland, Syria, Taiwan, Thailand, Turkey, United Kingdom and Vietnam Not yet in force: Cambodia, Indonesia, Iran, Pakistan and Sweden Cases as Respondent State: Baggerwerken Decloedt En Zoon NV v Republic of the Philippines (ICSID Case No. ARB/11/27), awarded in favour of investor Fraport AG Frankfurt Airport Services Worldwide v Republic of the Philippines (ICSID Case No. ARB/11/12), awarded in favour of state Fraport AG Frankfurt Airport Services Worldwide v Republic of the Philippines (ICSID Case No. ARB/03/25), awarded in favour of state SGS Société Générale de Surveillance S.A. v. Republic of the Philippines (ICSID Case No. ARB/02/6), settled Shell Philippines Exploration B.V. v Republic of the Philippines (ICSID Case No. ARB/16/22), pending Cases as Home State of Claimant:

35 Singapore Acceded 21 August This state will apply the, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. 13 November 1968 International Arbitration Act (Cap. 143A) (1994); Arbitration Act (Cap. 10) (2001) 44, 8 not yet in force ASEAN Comprehensive Investment Agreement (2009); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) (2009) 3 concluded, 0 pending In force: Bahrain, Bangladesh, Belarus, BLEU (Belgium-Luxembourg Economic Union), Bulgaria, Cambodia, China, Czech Republic, Egypt, France, Germany, Hungary, Jordan, Kuwait, Laos, Latvia, Libya, Mauritius, Mexico, Mongolia, The Netherlands, North Korea, Oman, Pakistan, Poland, Russia, Saudi Arabia, Slovakia, Slovenia, Sri Lanka, Switzerland, Taiwan, Turkey, United Kingdom, Uzbekistan and Vietnam Not yet in force: Burkina Faso, Colombia, Côte d Ivoire, Iran, Nigeria, Ukraine, United Arab Emirates and Zimbabwe Cases as Respondent State: Cases as Home State of Claimant: Cemex Asia Holdings Ltd v Republic of Indonesia (ICSID Case No. ARB/04/3), settled Oleovest Pte. Ltd. v Republic of Indonesia (ICSID Case No. ARB/16/26), discontinued PNG Sustainable Development Program Ltd. v Independent State of Papua New Guinea (ICSID Case No. ARB/13/33), awarded in favour of state Singapore International Arbitration Centre (SIAC); International Chamber of Commerce (ICC); Singapore Institute of Arbitrators (SIARB)

36 South Korea Acceded to on 8 February This state will apply the only to the recognition and enforcement of awards made in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. 23 March 1967 Arbitration Act (1966) (2016 amendment to the Act) Korean Commercial Arbitration Board (KCAB); International Chamber of Commerce (ICC) 96, 6 not yet in force Investment promotion and protection agreement between Japan, Republic of Korea and China (2012) 3 concluded, 4 pending In force: Albania, Algeria, Argentina, Austria, Azerbaijan, Bangladesh, Belarus, BLEU (Belgium-Luxembourg Economic Union), Bolivia, Brunei, Bulgaria, Burkina Faso, Cambodia, Cameroon, China, Democratic Republic of the Congo, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Egypt, El Salvador, Finland, France, Gabon, Germany, Greece, Guatemala, Guyana, Honduras, Hong Kong, Hungary, India, Indonesia, Iran, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Libya, Lithuania, Malaysia, Mauritania, Mauritius, Mexico, Mongolia, Morocco, The Netherlands, Nicaragua, Nigeria, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Qatar, Romania, Russia, Rwanda, Saudi Arabia, Senegal, Slovakia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Thailand, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan and Vietnam Not yet in force: Brazil, Cameroon, Colombia, Democratic Republic of the Congo, Myanmar, United Republic of Tanzania and Zimbabwe Cases as Respondent State: Colt Industries Operating Corporation v. Republic of Korea (ICSID Case No. ARB/84/2), settled Hanocal Holding B.V. and IPIC International B.V. v Republic of Korea (ICSID Case No. ARB/15/17), discontinued LSF-KEB Holdings SCA and others v. Republic of Korea (ICSID Case No. ARB/12/37), pending Cases as Home State of Claimant: Ansung Housing Co., Ltd. v People s Republic of China (ICSID Case No. ARB/14/25), awarded in favour of state Samsung Engineering Co., Ltd. v Sultanate of Oman (ICSID Case No. ARB/15/30), pending Samsung Engineering Co., Ltd. v. Kingdom of Saudi Arabia (ICSID Case No. ARB/17/43), pending Shin Dong Baig v. Socialist Republic of Vietnam (ICSID Case No. ARB(AF)/18/2), pending

37 Sri Lanka Ratified 9 April November 1967 Arbitration Act (No. 11 of 1995) Sri Lanka National Arbitration Centre (SLNAC); Institute for the Development of Commercial Law & Practice (ICPL) 28, 3 not yet in force South Asian Free Trade Area Accord (SAFTA) (2004); Bay of Bengal Initiative for Multi- Sectoral Technical and Economic Cooperation (BIMSTEC) (2004) 3 concluded, 1 pending In force: Australia, BLEU (Belgium-Luxembourg Economic Union), China, Czech Republic, Denmark, Egypt, Finland, France, Germany, India, Indonesia, Italy, Japan, Malaysia, The Netherlands, Norway, Pakistan, Romania, Singapore, South Korea, Sweden, Switzerland, Thailand, United Kingdom and United States Not yet in force: Iran, Kuwait and Vietnam Cases as Respondent State: Deutsche Bank AG v Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2), awarded in favour of investor Mihaly International Corporation v Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/00/2), awarded in favour of state Raymond Charles Eyre and Montrose Developments (Private) Limited v Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/16/25), pending Asian Agricultural Products Limited v Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/87/3), awarded in favour of investor Cases as Home State of Claimant:

38 Taiwan Taiwan is not a party to the Taiwan is not a party to the The Republic of China Arbitration Law (1998) No 24, 7 not yet in force No In force: Burkina Faso, Costa Rica, Dominican Republic, El Salvador, Gambia, Guatemala, India, Macedonia, Malaysia, Nigeria, Panama, Paraguay, Philippines, Saint Vincent and the Grenadines, Singapore, Thailand and Vietnam Not yet in force: Belize, Honduras, Malawi, Marshall Islands, Saudi Arabia, Senegal and Swaziland Taiwan (ROC) Chinese Arbitration Association; Taipei (CAA)

39 Tajikistan Acceded 14 August This state will apply the, to differences and arbitral awards arised out after entering into force of this Convention with respect to this state and made in the territory of another Contracting State. This state will not apply the to differences arising out of legal relationships that are related to immovable property. Tajikistan is not a party to the Law of the Republic of Tajikistan About the No (2015) No Tajikistan Third Party Arbitration Courts (TPAC) 36, 13 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement)(signed in 2005, but not yet in force); Agreement on Promotion and Reciprocal Protection of Investments in Member States of the Eurasian Economic Community (Eurasian Investment Agreement) (2008); Energy Charter Treaty (1994); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) In force: Austria, Azerbaijan, Belarus, Belgium, China, Czech Republic, France, Germany, India, Iran, Kazakhstan, Kuwait, Lithuania, Luxembourg, Moldova, Mongolia, The Netherlands, Pakistan, Slovakia, South Korea, Spain, Switzerland and Turkey Not yet in force: Algeria, Armenia, BLEU (Belgium-Luxembourg Economic Union), Indonesia, Kyrgyzstan, Qatar, Russia, Syria, Thailand, Turkmenistan, Ukraine, United Arab Emirates and Vietnam

40 Thailand Acceded 21 December 1959 Thailand is not a party to the Arbitration Act B.E.2545 (2002) Thai Arbitration Institute, Office of the Judiciary (TAI) 39, 3 not yet in force ASEAN Comprehensive Investment Agreement (2009); Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) (2004); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) (2009) In force: Argentina, Bahrain, Bangladesh, BLEU (Belgium-Luxembourg Economic Union), Bulgaria, Cambodia, Canada, China, Croatia, Czech Republic, Egypt, Finland, Germany, Hong Kong, Hungary, India, Indonesia, Israel, Jordan, Laos, Myanmar, The Netherlands, North Korea, Peru, Philippines, Poland, Romania, Slovenia, South Korea, Sri Lanka, Sweden, Switzerland, Taiwan, Turkey, United Kingdom and Vietnam Not yet in force: Russia, Tajikistan and Zimbabwe

41 Timor Leste Timor Leste is not a party to the 22 August 2002 Draft law on arbitration pending approval; Approves the Civil Code (Law No. 10/2011) (Article 315,318,323,1354,1355) No 3, 2 not yet in force 0 concluded, 1 pending In force: Portugal Not yet in force: Germany and Qatar Cases as Respondent State: Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v Democratic Republic of Timor-Leste (ICSID Case No. ARB/15/2), pending Cases as Home State of Claimant:

42 Turkmenistan Turkmenistan is not a party of the 26 October 1992 Law of the Republic of Turkmenistan About the No. 101-V (2014) 27, 8 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement) (signed in 2005, but not yet in force); Energy Charter Treaty (1994); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) 6 concluded, 1 pending In force: Belgium, China, Egypt, France, Georgia, Germany, India, Iran, Israel, Luxembourg, Romania, Russia, Slovakia, Spain, Switzerland, Turkey, United Arab Emirates, United Kingdom and Uzbekistan Not yet in force: Armenia, Bahrain, Indonesia, Italy, Malaysia, Pakistan, Tajikistan and Ukraine Cases as Respondent State: Adem Dogan v. Turkmenistan (ICSID Case No. ARB/09/9), settled Garanti Koza LLP v. Turkmenistan (ICSID Case No. ARB/11/20), awarded in favour of investor Görkem Inşaat Sanayi ve Ticaret Limited Şirketi v Turkmenistan (ICSID Case No. ARB/16/30), settled İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/10/24), awarded in favour of state Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi v. Turkmenistan (ICSID Case No. ARB/10/1), awarded in favour of state Mobile TeleSystems OJSC v. Turkmenistan (ICSID Case No. ARB(AF)/11/4), settled Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v Turkmenistan (ICSID Case No. ARB/12/6), pending Cases as Home State of Claimant:

43 Uzbekistan Acceded to on 7 February August 1995 Law of the Republic of Uzbekistan On Arbitration Courts NZRU-64 (2006) No Arbitration Court at the Chamber of Commerce and Industry of Uzbekistan; The Association of Arbitration Courts of Uzbekistan 51, 4 not yet in force Agreement on Promotion and Protection of Investments among Member States of the Economic Cooperation Organization (ECO Investment Agreement) (signed in 2005, but not yet in force); Energy Charter Treaty (1994); Agreement on Promotion, Protection and Guarantee of Investments amongst the Member States of the Organization of the Islamic Conference (OIC Investment Agreement) (1981) 4 concluded, 5 pending In force: Austria, Azerbaijan, Bangladesh, BLEU (Belgium-Luxembourg Economic Union), Bulgaria, China, Czech Republic, Egypt, Finland, France, Georgia, Germany, Greece, Hungary, India, Indonesia, Iran, Israel, Italy, Japan, Kazakhstan, Korea, Kuwait, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, The Netherlands, Oman, Pakistan, Poland, Portugal, Romania, Russia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom and Vietnam Not yet in force: Bahrain, Saudi Arabia, Turkey (2017) and United States Cases as Respondent State: Bursel Tekstil Sanayi Ve Diş Ticaret A.Ş., Burhan Enuştekin and Selim Kaptanoğlu v. Republic of Uzbekistan (ICSID Case No. ARB/17/24), pending Federal Elektrik Yatırım ve Ticaret A.Ş. and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/9), pending Güneş Tekstil Konfeksiyon Sanayi ve Ticaret Limited Şirketi and others v. Republic of Uzbekistan, pending (ICSID Case No. ARB/13/19), pending Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID Case No. ARB/10/3), awarded in favour of state Mobile TeleSystems OJSC v. Republic of Uzbekistan (ICSID Case No. ARB(AF)/12/7), settled Newmont USA Limited and Newmont (Uzbekistan) Limited v. Republic of Uzbekistan (ICSID Case No. ARB/06/20), settled Spentex The Netherlands, B.V. v. Republic of Uzbekistan (ICSID Case No. ARB/13/26), data not available Vladislav Kim and others v. Republic of Uzbekistan (ICSID Case No. ARB/13/6), pending Cases as Home State of Claimant: JSC Tashkent Mechanical Plant and others v. Kyrgyz Republic (ICSID Case No. ARB(AF)/16/4), pending

44 Vietnam Acceded 12 September This state will apply the only to the recognition and enforcement of awards made in the territory of another Contracting State. This state will apply the only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law. For awards made in the territory of a Non-Contracting State, this state will apply the on the basis of reciprocity. This state will interpret the Convention in accordance with national law. Vietnam is not a party to the Law on Commercial Arbitration No. 54/2010/QH12 (2010) No ASEAN Center (ACIAC); Pacific International Arbitration Centre (PIAC); Vietnam International Arbitration Center (VIAC) 61, 15 not yet in force ASEAN Comprehensive Investment Agreement (2009); ASEAN Protocol on Enhanced Dispute Settlement Mechanism (2004); Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) (2009) 0 concluded, 1 pending In force: Argentina, Armenia, Australia, Austria, Belarus, BLEU (Belgium- Luxembourg Economic Union), Bulgaria, China, Cuba, Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, Iceland, India, Italy, Japan, Kazakhstan, Kuwait, Laos, Latvia, Lithuania, Malaysia, Mongolia, Mozambique, The Netherlands, Philippines, Poland, Romania, Russia, Singapore, Slovakia, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Ukraine, United Kingdom, Uruguay, Uzbekistan and Venezuela Not yet in force: Algeria, Bangladesh, Cambodia, Chile, Estonia, Iran, Morocco, Myanmar, Namibia, North Korea, Oman, Sri Lanka, Tajikistan, Turkey and United Arab Emirates Cases as Respondent State: Shin Dong Baig v. Socialist Republic of Vietnam (ICSID Case No. ARB(AF)/18/2); pending Cases as Home State of Claimant:

45 Directory Selected region: ASIA-PACIFIC Menachem M. Hasofer Co-Head of the Global International Arbitration Practice Partner, Hong Kong E: T: Bill Amos Partner, Hong Kong E: T: Tom K. M. Fu Partner, Beijing E: T: Thomas S. T. So Partner, Hong Kong E: T: Yu-Jin Tay Partner, Singapore E: T: