The ISDS adventure of Chinese arbitration institutions: towards a dead end or a bright future?. Issue 2 (2nd July 2020)

• Record Type: Journal Article
• Authors: Chi, Manjiao
• Is Part Of: Asia Pacific law review. Volume 28:Issue 2(2020)
• Page Start: 279
• Page End: 296
• Publication Date: 2020-07-02
• Subjects: ISDS -- arbitration institutions -- arbitration law -- bilateral investment treaties -- China; Law -- Asia -- Periodicals; Law -- Oceania -- Periodicals; Law; Asia; Oceania; Recht; Periodicals; Electronic journals; 349.5
• DOI: 10.1080/10192557.2020.1856309
• Languages: English
• ISSNs: 1019-2557

Abstract

ABSTRACT: In recent years, a few leading Chinese arbitration institutions have embarked on an unprecedented investor–state dispute settlement (ISDS) adventure. Despite their efforts and achievements, these institutions still face a number of legal impediments to ISDS in Chinese national laws and investment treaties, concerning the admission of investment arbitration cases, the arbitrability of investment disputes, the legal capacity of sovereign states in arbitration, the state immunity defence, and the enforcement of arbitral awards in China. All these impediments, compounded by potential competition from established arbitration institutions, will make it extremely difficult, if not impossible, for the ISDS adventure to succeed in the near future. To be truly supportive of the ISDS adventure, China must make the necessary law-making efforts to become an ISDS-friendly jurisdiction. As the ISDS adventure is still developing, it remains to be seen whether and how China will effect such measures, and whether the ISDS adventure will eventually be successful.