The Investment Protection Chapter of the EU-Singapore Free Trade Agreement: A Model for the Post-Brexit UK IIAs

• Author: Siraj Shaik Aziz
• Pages: 7-8

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.

Keywords

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: siraj.sa.2010@law.smu.

edu.sg / Address: Singapore Management University School of Law, 81 Victoria Street, Singapore 188065.

DOI: http://dx.doi.org/10.14330/jeail.2017.10.1.01

The Investment Protection

Chapter of the EU-Singapore

Free Trade Agreement:

A Model for the Post-Brexit

UK IIAs

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