Leo Wisnu Susapto, Andin Aditya Rahman
Bilateral investment treaties (BIT) are currently a main talking point in developing countries as they frequently become the basis for investors to drag governments into international arbitrational claims when they perceive business losses are caused by domestic policies.
The Indonesian government is no exception. According to Kadir Jaelani, Director of the Economic and Socio-cultural Agreements Division at the Ministry of Foreign Affairs, there is an inclination for investors to file arbitrational claims against the governments of countries they have invested in.
“This is a concern for developing countries, including Indonesia,” he stated to Hukumonline in Jakarta on Monday.
Following the recent visit to the United Kingdom by an Indonesian delegation, Amir Syamsuddin, Minister of Law and Human Rights, suggested to various ministers that the BIT between Indonesia and the UK should be amended. This was suggested mainly to avoid further lawsuits from English investors.
“The Government is of the view that the BIT can no longer accommodate the interests of both nations,” asserted the Minister, who was also the chief of the delegation to the UK, during a press conference in Jakarta on Tuesday.
As is widely known, the Indonesian government has been sued several times by English investors through international arbitration, in which the BIT between the two nations was used as a legal basis for the claims of these investors.
Examples of such arbitration lawsuits include the cases filed by Rafat Ali Rizvi, former owner of Bank Century, and Churchill Mining Plc., an English mining company.
However, despite frequent investment problems, Amir explained that approximately ninety percent of investors are satisfied with their investments in Indonesia.
“The remainder hope for an improvement in the investment climate in Indonesia to one that is more conducive,” concluded the Minister.
(hot/kc)
Leo Wisnu Susapto, Andin Aditya Rahman
Bilateral investment treaties (BIT) are currently a main talking point in developing countries as they frequently become the basis for investors to drag governments into international arbitrational claims when they perceive business losses are caused by domestic policies.
The Indonesian government is no exception. According to Kadir Jaelani, Director of the Economic and Socio-cultural Agreements Division at the Ministry of Foreign Affairs, there is an inclination for investors to file arbitrational claims against the governments of countries they have invested in.
“This is a concern for developing countries, including Indonesia,” he stated to Hukumonline in Jakarta on Monday.
Following the recent visit to the United Kingdom by an Indonesian delegation, Amir Syamsuddin, Minister of Law and Human Rights, suggested to various ministers that the BIT between Indonesia and the UK should be amended. This was suggested mainly to avoid further lawsuits from English investors.
“The Government is of the view that the BIT can no longer accommodate the interests of both nations,” asserted the Minister, who was also the chief of the delegation to the UK, during a press conference in Jakarta on Tuesday.
As is widely known, the Indonesian government has been sued several times by English investors through international arbitration, in which the BIT between the two nations was used as a legal basis for the claims of these investors.
Examples of such arbitration lawsuits include the cases filed by Rafat Ali Rizvi, former owner of Bank Century, and Churchill Mining Plc., an English mining company.
However, despite frequent investment problems, Amir explained that approximately ninety percent of investors are satisfied with their investments in Indonesia.
“The remainder hope for an improvement in the investment climate in Indonesia to one that is more conducive,” concluded the Minister.
(hot/kc)