This article discusses a review by the Indonesian government of its investor-State dispute settlement (ISDS) commitments in bilateral investment treaties (‘BITs’) and other instruments, with a view to limiting the scope for potential disputes and vesting discretion in the government to decide when disputes may be referred to ISDS. Whilst the government proposes wholesale replacement of existing BITs with a new model BIT, however, sunset clauses will enable a large number of foreign investors to continue to enjoy the benefits under these BITs.
Asian Dispute Review