Arbitral Tribunal Rules on Scope of Arbitral Consent under PRC-Singapore BIT

10 Mar 2023 CaseWatch

The arbitral tribunal (Tribunal) in AsiaPhos Limited and Norwest Chemicals Pte Limited v People’s Republic of China (ICSID Case No. ADM/21/1) (AsiaPhos v China) recently issued its decision on the scope of consent to arbitrate under the bilateral investment treaty entered into between the Government of the People’s Republic of China and the Government of Singapore on 21 November 1985 (BIT). The majority of the Tribunal found that the scope of the arbitration clause was limited to disputes on the amount of compensation and did not cover the claimants’ claims for indirect expropriation, and could not be expanded due to the “most favoured nation” clause in the BIT. In a dissenting opinion, the dissenting arbitrator disagreed with those findings. Ultimately, by a majority, the claimants’ claims were dismissed for lack of jurisdiction.

This update examines the decision of the Tribunal in AsiaPhos v China.

If you would like information or assistance on the above, you may wish to contact the Partner at WongPartnership whom you normally work with or the following:

KOH Swee Yen, Senior Counsel
Head – International Arbitration
Partner – Commercial & Corporate Disputes
d +65 6416 6876
Click here to view Swee Yen’s CV.

Partner – Commercial & Corporate Disputes
d +65 6416 8124
Click here to view Joel’s CV.

Charles TIAN Xiaoming
Senior Associate (Foreign Law) – International Arbitration
d +65 6517 8717