International investment arbitration in Laos: Large issues for a small state

• Main Authors: WEERAMANTRY, Romesh, MOHAN, Mahdev
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2017
• Subjects: foreign investment; investor-state dispute settlement (ISDS); arbitration; investment treaties; bilateral investment treaties (BITs); Laos; Sanum v Laos; Lao Holdings v Laos; Asian Studies; Dispute Resolution and Arbitration; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2596; https://ink.library.smu.edu.sg/context/sol_research/article/4554/viewcontent/International_Investment_Arbitration_in_Laos_Large_Issues_for_a_Small_State_pvoa.pdf
• Institution: Singapore Management University

Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two investment treaty claims instituted against Laos. The article concludes with an appraisal of Laos' need to maintain its investment treaty programme, despite the difficulties that may have arisen as a result of it being a respondent in investment treaty arbitrations.