The countries in ASEAN, as individual states and when taken as a bloc, are party to almost 300 enforceable international investment agreements (IIAs); together with the rest of Asia, that number increases to almost 1,000 IIAs. It is therefore essential for lawyers and senior decision-makers to understand this evolving landscape of investment instruments in Asia, where skepticism of IIL is subsiding, where new agreements tackle unprecedented and unique issues, and where many older treaties no longer reflect current economic, political, development or ESG priorities.

This program offers a dynamic, policy-oriented exploration of international investment law (IIL) with a distinct focus on Asia. Geared toward in-house counsel and senior decision-makers in multinational companies and government agencies, it provides practical insights to navigate cross-border investments and risk management. The program covers treaty interpretation, investor-state arbitration, dispute resolution strategies, and regulatory compliance.

It will give participants the tools to balance investor protections with host-state regulatory space – to uphold treaty commitments without compromising public policy or assurances against political risk. It uses case studies to demystify the investor-state dispute settlement (ISDS) process and to illustrate best practices for managing arbitration from negotiation to enforcement. The program will analyze the shifting ISDS landscape - from a surge in high-value claims to reform efforts for greater consistency and predictability for both states and businesses - with a focus on Asia’s rising prominence in investment arbitration. It will also examine innovative tools like mediation as an alternative to arbitration, and the rules of individual forums like the Asian International Arbitration Centre (AIAC) in Kuala Lumpur.

Finally, the program will explore how environmental, social, and governance (ESG) factors are reshaping investment law. Through case studies on climate-related disputes, such as recent renewable energy arbitrations under investment treaties, and through technical analysis of treaty interpretation, the program will explore why and how ESG-driven claims - a growing trend globally - are prompting new treaty clauses and arbitration approaches on issues like environmental regulation and human rights.