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For the last decade, the regime of transparency in investor-state arbitration has been officially incorporated into numerous investment treaties and recent modified arbitration rules due to the public interests involved in investment disputes. The Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between the ASEAN and China (“the Agreement on Investment”), as the investment treaty promoting foreign direct investment and protecting legal rights of foreign investors in the China-ASEAN Free Trade Area (“CAFTA”), lacks explicit provisions governing transparency in investor-state arbitration. Due to this absence, the Article raises the concern that public interests involved in investor-state arbitration in the CAFTA cannot be well preserved. In order to alleviate such concern, the Article aims to propose ASEAN and China to establish a mandatory transparent regime applicable to the investor-state arbitration in the CAFTA.
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