Jaime Bue – Mongolia’s International Investment Arbitration Experience and the case of Khan Resources
August 8, 2017 @ 5:30 pm - 7:30 pm
This presentation looks at Mongolia’s investor-state dispute settlement (ISDS) experience with a focus on the case of Khan Resources v. Mongolia to try to answer the question: Can Dispute System Design (DSD) offer better alternatives for resolving investment treaty-related conflict? What would such alternatives look like for Mongolia?
The case of Khan Resources v. Mongolia went to ad hoc arbitration under the United Nations Commission on International Trade Law (UNCITRAL) in 2011 and ended with a ruling in 2015 that Mongolia had to pay $80 million USD in damages to Khan Resources plus $20 million in legal fees. This oft-overlooked case is critical for understanding the international investment treaty environment and challenges within Mongolia. By tracing the development of international investment arbitration, we can understand how the global ISDS system indirectly shaped the government’s investment laws following the Mongolian Democratic Revolution and the role of arbitration in settling such conflicts in Mongolia today.
Co-Sponsored by the American Cultural and Information Center, Ulaanbaatar