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  • 1.

    What is the prevailing attitude towards foreign investment?

  • 2.

    What are the main sectors for foreign investment in the state?

  • 3.

    Is there a net inflow or outflow of foreign direct investment?

  • 4.

    Describe domestic legislation governing investment agreements with the state or state-owned entities.

  • 5.

    Identify and give brief details of the bilateral or multilateral investment treaties to which the state is a party, also indicating whether they are in force.

  • 6.

    If applicable, indicate whether the bilateral or multilateral investment treaties to which the state is a party extend to overseas territories.

  • 7.

    Has the state amended or entered into additional protocols affecting bilateral or multilateral investment treaties to which it is a party?

  • 8.

    Has the state unilaterally terminated any bilateral or multilateral investment treaties to which it is a party?

  • 9.

    Has the state entered into multiple bilateral or multilateral investment treaties with overlapping membership?

  • 10.

    Is the state party to the ICSID Convention?

  • 11.

    Is the state a party to the UN Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention)?

  • 12.

    Does the state have an investment treaty programme?

  • 13.

    Does the state have a foreign investment promotion programme?

  • 14.

    Identify the domestic laws that apply to foreign investors and foreign investment, including any requirements of admission or registration of investments.

  • 15.

    Identify the state agency that regulates and promotes inbound foreign investment.

  • 16.

    Identify the state agency that must be served with process in a dispute with a foreign investor.

  • 17.

    Does the state have a model BIT?

  • 18.

    Does the state have a central repository of treaty preparatory materials? Are such materials publicly available?

  • 19.

    What is the typical scope of coverage of investment treaties?

  • 20.

    What substantive protections are typically available?

  • 21.

    What are the most commonly used dispute resolution options for investment disputes between foreign investors and your state?

  • 22.

    Does the state have an established practice of requiring confidentiality in investment arbitration?

  • 23.

    Does the state have an investment insurance agency or programme?

  • 24.

    How many known investment treaty arbitrations has the state been involved in?

  • 25.

    Do the investment arbitrations involving the state usually concern specific industries or investment sectors?

  • 26.

    Does the state have a history of using default mechanisms for appointment of arbitral tribunals or does the state have a history of appointing specific arbitrators?

  • 27.

    Does the state typically defend itself against investment claims? Give details of the state’s internal counsel for investment disputes.

  • 28.

    Is the state party to any international agreements regarding enforcement, such as the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

  • 29.

    Does the state usually comply voluntarily with investment treaty awards rendered against it?

  • 30.

    If not, does the state appeal to its domestic courts or the courts where the arbitration was seated against unfavourable awards?

  • 31.

    Give details of any domestic legal provisions that may hinder the enforcement of awards against the state within its territory.

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WongPartnership is a market leader in Singapore known for the provision of high-quality legal services which extend beyond the shores of Singapore, with a particular focus on the Asia-Pacific region.

View more information about WongPartnership LLP


Singapore
12 Marina Boulevard
Level 28 Marina Bay Financial Centre, Tower 3
018982
Singapore
Singapore
T: +65 6416 8000
F: +65 6532 5711


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