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Chinese Investment Treaties: What Protection for Foreign Investment in China? - Chapter 5 - Dispute Resolution in China

Author(s): 
Elodie Dulac
Page Count: 
76 pages
Media Description: 
1 PDF Download from "Dispute Resolution in China"
Published: 
July, 2012
Jurisdictions: 
China
Practice Areas: 
Investment Disputes,
Enforceability of Arbitration Agreements,
Contents of Arbitration Agreement,
Parties,
Practice & Procedure
Tags: 
Fair and Equitable Treatment,
Full Protection and Security,
Expropriation,
Umbrella Clause,
National Treatment,
Most Favored Nation Treatment
Author Detail: 

Elodie Dulac
Ms. Dulac is an Associate in King & Spalding’s Singapore office and a member of the firm’s International Arbitration Practice Group. She is admitted to practice in England & Wales and Paris, France. She has represented clients in commercial and investment arbitrations around the world, with a particular focus on Asia. She has worked on international arbitrations under the rules of the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the Singapore International Arbitration Centre (SIAC), and the United Nations Commission on International Trade Law (UNCITRAL). She holds a Master of Laws from the Université Paris I—Panthéon Sorbonne, and a LLM from the University of London, King's College.

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Description: 

Originially from Dispute Resolution in China

Under investment treaties, states undertake to promote and protect investments made by the investors of the other contracting state(s) in their territory. A distinctive feature of investment treaties is that they most frequently provide foreign investors with the means to enforce these protections by commencing an international arbitration against the host state (hereinafter “investor-state arbitration”).1 This is to be contrasted with the traditional recourses available to foreign investors–action before the domestic courts of the host state of the investment, and diplomatic protection if its own state is willing to exercise it. These options have been, more often than not, unsatisfactory in practice. The following graph sets out the functioning of an investment treaty.

Table of Contents: 

I. Introduction

II. China's Investment Treaty Programme

III. Are the Foreign Investor and Its Investment Covered by a Chinese Investment Treaty?

IV. Substantive Protections Offered by Chinese Investment Treaties

V. The Enforcement of the Substantive Protections by the Foreign Investor: Dispute Resolution under Chinese Investment Treaties

VI. Enhancing Investment Treaty Protection

VII. Conclusion