Arbitration under foreign investment in China

Name: Na, Renhua

keyword: Foreign investment

; Arbitration in China

; CIETAC

; Bilateral investment treaties

; Enforcement of foreign arbitration

; Investor-state dispute

; ICSID

; New York convention

Abstract: Despite the position of China as the 2nd largest investment destination for foreign director investment, and the 6th largest outward investment country in the world, arbitration or litigation conducted in China for settling the investment disputes between foreign parties and Chinese parties are very little compared with the quantities of investment. Foreign investors even international community seem to have no confidence in the arbitration and court systems in China. Not only is it due to China’s cultural skepticism towards the law, but also to its underdeveloped court system particularly in the enforcement of arbitration awards. China has recognized the importance of judicial system in providing an investment friendly environment to attract more foreign investment, and has taken a series of effort including joining the New York Convention, ICSID Convention, signing numbers of bilateral treaties to accept the jurisdiction of ICSID and third party arbitration for investor state claims, enacting and amending the domestic legislations, developing the arbitration institution to handle foreign related investment disputes, improving the court system, etc. Notwithstanding these changes, it is still claimed by the foreign investors that the Chinese arbitration system is still locally protective. Foreign parties to disputes encounter obstacles or difficulties in both arbitration proceedings if it is conducted in CIETAC or other authorized arbitration institutions, and the enforcement of arbitration awards regardless as to whether the awards are made outside China or by the arbitration institutions in China. For the purpose of attracting more foreign direct investment and also of preparing its investors “Going Global” for investor-state proceedings in the future, China has adopted a new attitude in concluding Bilateral Investment Treaties by including the investor-state arbitration into its Model Bilateral Investment Agreement and regional treaties, and accepting the jurisdiction of ICSID, or other third party institutions. However, China shall weigh the advantages and disadvantages brought by these strategic changes. Attracting foreign investment without sacrificing its distinctive national interests and interest of Chinese parties including those of its investors abroad are an onerous task for Chinese leaders to accomplish. The purpose of this thesis is to identify the problems the existing arbitration system, the difficulties of enforcing the arbitration awards with foreign elements, and seek resolution for balancing the protection to the interest of foreign investors, Chinese party, and China national interest

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Anan Chantra-opakorn

Role: advisor

Name: Jumphot Saisoonthorn

Role: co-advisor

Created: 2014

Modified: 2021-12-14

Issued: 2021-12-14

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2014.61

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

©copyrights Thammasat University

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