ABSTRACTThe tendency to use the Bllateral
Investment Treaty (BITS) by investors
as a legal bas1s to flle an 1nternat1onal
arbitration claim against the Host Country
is increasing recently. Denunciations of
the Internatlonal Center for Settlement
of Investment Disputes (ICSID) as Well
as the termination of several BITS by
some other countries reuse complex legal
ISSUES in the international investment
regime. Since Indonesia has been and still
experiencing legal suits before the ICSID
international arbitrat1on the discourse
to take the similar path i.e to denounce
from ICSID Convention and terminate
some of its BITS 1.9 emerging. This paper
discusses the questions that arise With
respect to the denunciation of the ICSID
Convention and With the termination of
BITS The denunciation 1s st1ll debatable
since there are different interpretations
as to whether the denouncing state
remains bound by the Convention
and the existence of survival clause
III BIT creates the possibility for an
investor to flle a claim before the ICSID
innternational arbitration even though It
has terminated the BIT
