EUSFTA & Brexit 7
X JEAIL 1 (2017)
Siraj Shaik Aziz
The impending British exit (Brexit) from the European Union has placed the UK’s
investment policy at a crossroads. A post-Brexit UK will now have to reorganise its
investment relationships with its economic partners through bespoke UK IIAs. This
exercise will have to accommodate the shifting zeitgeist concerning the balance of
investors’ rights and the right to regulate IIAs that is expected. This paper examines
the continued relevance of the recently minted Investment Protection Chapter in the
EU-Singapore Free Trade Agreement, acknowledged by Britain’s power brokers, as a
persuasive model for the UK to emulate for this purpose. This is notwithstanding the
in light of Brexit and a pending decision from the Court of Justice of the European
Union. Such emulation would ultimately make for a better Investor-State Dispute
Settlement System in the UK IIAs by providing a much needed update to its old
investment treaty architecture.
EUSFTA, Investment Chapter, Brexit, ISDS, Right to Regulate, Code of
Conduct, Roster of Arbitrator.
∗ Advocate & Solicitor (Singapore); Researcher at Singapore Management University (SMU) School of Law. LL.B.
(SMU). ORCID: http://orcid.org/0000-0002-1860-166X. The author may be contacted at: firstname.lastname@example.org.
edu.sg / Address: Singapore Management University School of Law, 81 Victoria Street, Singapore 188065.
The Investment Protection
Chapter of the EU-Singapore
Free Trade Agreement:
A Model for the Post-Brexit