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Chinese Investment Treaties

Chinese Investment Treaties Policies and Practice

Author: Norah Gallagher; Wenhua Shan
Publisher: Oxford University Press
ISBN: 9780199230259
Published In: March 2009
Format: Hardback , 656 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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A close analysis of the implications of bilateral investment treaties for those seeking to invest in China - the largest market in the world
A comprehensive commentary on this fast-growing area of investment law
More clearly focused on China than guides on BITs that are currently available
Looks at the historical background, and analyses recent changes in the investment regime
Written by a leading scholar in Chinese economic law and a practising specialist in international arbitration, both experts in Chinese investment treaties

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs.

Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment. It will consider the current role of investment treaties in China's foreign economic policy, analyse and interpret the key provisions of the BITs, and discuss the future agenda of China's investment programme. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.

Readership: The book will be of interest to legal practitioners involved in investment disputes, as well as corporations seeking foreign investment in China. This title will also be relevant among academics, specifically those seeking to understand the changes in Chinese treaty practices.

1: International Investment in China and the BIT programme

2: Scope and Definition

3: Fair and Equitable Treatment

4: Non-discrimination Treatment

5: Monetary Transfer

6: Umbrella Clause and Investment Contract

7: Expropriation

8: Settlement of State-Investor Disputes

9: Conclusions: Towards a New Model Investment Treaty for China

AppendicesAppendix I: List of signed Chinese BITs (as of July 2008)

Appendix II: Chinese Model BIT Version I

Appendix III: Chinese Model BIT Version II

Appendix IV: Chinese Model BIT Version III (Current)

Appendix V: Draft New Model BIT

Appendix VI: Representative Chinese BITs

(a): Sweden BIT 1982

(b): UK BIT 1986

(c): Australia BIT 1988

(d): Japan BIT 1988

(e): Korea BIT 1992

(f): Netherlands BIT 2001

(g): Germany BIT 2003

(h): Russia BIT 2006

(i): Seychelles BIT 2007

(j): Mexico BIT 2008

(k): New Zealand Free Trade Agreement 2008, Chapter 11

Appendix VII: ICSID Convention

Appendix VIII: China>'s Notification of Class of Dispute to the ICSID

Norah Gallagher, Consultant, Investment Treaty Forum, BIICL, Visiting Senior Lecturer at Queen Mary, University of London and Adjunct Professor at Xi'an Jiaotong University, China, and Wenhua Shan, Dean and Tengfei Professor of International Law at the School of Law of Xi'an Jiaotong University, PR China, Professor of International Law at Oxford Brookes University, UK

"The book is well written and structured, with useful introductions and conclusions in most chapters. [It] achieves its stated aims of providing a comprehensive commentary on Chinese investment treaties there is no doubt that this will prove to be a useful reference text for advisers, students and scholars alike." - Australian Journal of Asian Law

"This book is the first study of Chinese BIT practices. Although it focusses on Chinese treaties, the authors do draw comparisons with other investment treaties. They also analyse arbitration case-law from investment tribunals under BITs not concluded by China, therefore giving the book a wider scope and making it a truly useful tool for any investment law specialist" - Droit et Pratique des Investissements Internationaux

"...provides immensely reliable and useful information about Chinese investment protection law...Chinese Investment Treaties is an excellent guide that will be immensely useful to specialists, practitioners and academics alike" - Christian J. Tams, German Yearbook of International Law