Subjects:

Other Jurisdictions , China

Contents:

Introduction

Investment in China and Investment Treaties

Evolution of Chinese BIT programme

Investment Treaties in the Chinese Legal System

1. Definition and Application

2. Fair and Equitable Treatment

3. Non-Discrimination Treatment

4. Money Transfer

5. Umbrella Clauses

6. Expropriation and Compensation

7. Settlement of State-Investor Disputes

8. The Future of Chinese BITs

APPENDICES

Sample Chinese Model BITs

Sample Bits (With Germany, UK Chile, Asean, Japan)

List Of Chinese Investment Treaties

Draft New Model BIT

• 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.