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Abstrak :
ABSTRACT
The 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