Foreign Investment In and Out of Japan: Economic Backdrop, Domestic Law, and International Treaty-based Investor-State Dispute Resolution
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
Abstract
This paper provides the first-ever detailed analysis of the dispute resolution provisions contained in Japan's burgeoning international investment treaties (BITs and FTAs or EPAs). That development is further located in the context of Japan's inbound and outbound flows in foreign investment and the background domestic law limiting or protecting foreign investment, as well as an overview of the process by which the Japanese government negotiates these treaties. The paper concludes that the considerable diversity in treaty provisions (especially regarding investor-state arbitration) ...