New article: Chinese investors rarely involved in investor-state disputes

Although Chinese overseas investments has proliferated in recent years, very few investor-state arbitrations involve Chinese parties. A recently published article by SCC Legal Counsel Anja Havedal Ipp highlights this seeming paradox, briefly discusses the Chinese investment treaty regime, and summarizes the distinguishing features of the most common investment arbitration fora.

Chinese overseas investment has grown exponentially in the past two decades. Since 1999, when the Chinese government launched its “Go Out” policy to promote investment abroad, Chinese investors have established thousands of companies and enterprises all over the world. Despite the scale of this foreign investment, and despite the network of investment protection treaties, there have been very few investor-state disputes involving Chinese investors as claimants. According to the UN Conference on Trade and Development's (UNCTAD) investment policy hub, only four of the 700 known investment cases involve Chinese parties.

The article by SCC Legal Counsel Anja Havedal Ipp was published in the May 2016 issue of the China Business Law Journal, and is reproduced with the kind permission of the editors.

Read the article here


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