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- Preliminary Material
- Main Text
- 1 International Investment in China and the Bit Programme
- Preliminary Material
- A Introduction
- B The Changing Role of China in International Investment
- C Forms of Foreign Investment in China
- D The Legal Framework and the BIT Programme
- The Legal Framework of Foreign Investment
- Legal Changes and ‘Stabilization Clause’ under Chinese Law
- Chinese BITs: Basic Facts
- Chinese BITs: Treaty-making Process
- Chinese BITs: Evolution of the Programme
- Chinese BITs: Key Features of the Current Model
- Chinese BITs: Status within the Chinese Legal System
- Chinese BITs: Purposes and Interpretation
- E This Book: Purposes and Contents
- 2 Scope And Definition
- Preliminary Material
- A Introduction
- B Subject Matter (ratione materiae)
- C Persons and Entities ( ratione personae )
- D Territorial Application
- E Temporal Application
- F Admission of Investments
- G Conclusion
- 3 Fair And Equitable Treatment
- Preliminary Material
- A Introduction
- B Fair and Equitable Treatment and Its Interpretations
- C Fair and Equitable Treatment under Chinese Investment Treaties
- D Conclusion
- 4 Non-Discrimination Treatment
- Preliminary Material
- A Introduction
- B Most-Favoured-Nation Treatment
- C National Treatment (NT)
- National Treatment and Its Application
- ‘Comparator’ or ‘Like Investor’
- Discrimination and Intent
- Justifications
- Relevance of WTO Jurisprudence
- NT Clauses in Chinese Investment Treaties
- Best effort NT: The UK BIT Style
- Substantially Qualified NT: The Japan BIT Style
- NT Subject to Local Law: The Spain BIT Style
- NT Subject to Grandfather Clause: The Cyprus Approach
- Full Post-admission NT: The Seychelles BIT Approach
- Non-Reciprocal NT Approach
- Scope of Application
- D Conclusion
- 5 Monetary Transfer
- 6 Umbrella Clause and Investment Contracts
- Preliminary Material
- A Introduction
- B Umbrella Clause and International Investment Arbitration
- C Umbrella Clause in Chinese BITs
- D Investment Contracts in China: State or Commercial Contracts?
- E Implications for Dispute-resolution Planning
- 7 Expropriation and Compensation
- 8 Settlement Of Investor–State Disputes
- Preliminary Material
- A Introduction
- B Arbitration Options
- C Jurisdiction
- 8.25
- 8.26
- 8.27
- 8.28
- Restrictive Dispute-resolution Clauses
- Expansive Investor–State Dispute-resolution Clauses
- D Consent to Arbitration
- E Applicability of MFN Clause on Jurisdiction
- F Applicable Law
- G Exhaustion of Local Remedies
- H Settlement of Investor–State Disputes under Chinese Law
- I Conclusion
- 9 Conclusions: Towards A New Model Investment Treaty For China
- Preliminary Material
- A General Assessment of the Existing Chinese Investment Treaties
- B Towards a New Model Investment Treaty
- General Considerations
- Specific Changes
- 9.17
- Preamble
- s.I: Definitions and Application
- s.II: Standards of Treatment
- s.III: Investor–State Dispute Settlement
- s.IV: State–State Dispute Settlement
- s.V: Final Provisions
- C Conclusion
- 1 International Investment in China and the Bit Programme
- Further Material
- Appendices
- Appendix 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)
- Agreement between the Government of the People’s Republic of China and the Government of _________________ on the Promotion and Protection of Investments
- Article 1 Definitions
- Article 2 Promotion and Protection of Investment
- Article 3 Treatment of Investment
- Article 4 Expropriation
- Article 5 Compensation for Damages and Losses
- Article 6 Transfer
- Article 7 Subrogation
- Article 8 Settlement of Disputes Between Contracting Parties
- Article 9 Settlement of Disputes Between Investors and One Contracting Party
- Article 10 Other Obligations
- Article 11 Application
- Article 12 Consultations
- Article 13 Entry into Force, Duration and Termination
- Agreement between the Government of the People’s Republic of China and the Government of _________________ on the Promotion and Protection of Investments
- Appendix V Draft New Model BIT
- Agreement between the Government of the People’s Republic of China and the Government of _________________ on the Promotion and Protection of Investments
- (Draft New Model)
- s.I: Definitions and Application
- s.II: Standards Of Treatment
- Article 3 General Standard of Treatment
- Article 4 Most Favoured Nation Treatment
- Article 5 National Treatment
- Article 6 Admission of Investments
- Article 7 Expropriation
- Article 8 Compensation for Losses
- Article 9 Transfer
- Article 10 Subrogation
- Article 11 Non-Derogation
- Article 12 Exceptions
- Article 13 Corporate Social Responsibility
- s.III: Settlement of Investor-State Disputes
- Article 14 Application
- Article 15 Consultation and Notice of Intent
- Article 16 Submission to Arbitration
- Article 17 Consent by Contracting Parties
- Article 18 Constitution of the Arbitral Tribunal
- Article 19 Consolidation
- Article 20 Conduction of the Arbitration
- Article 21 Applicable Law
- Article 22 Awards and Enforcement
- s.IV: State-State Dispute Settlement
- s.V: Final Provisions
- Agreement between the Government of the People’s Republic of China and the Government of _________________ on the Promotion and Protection of Investments
- Appendix VI (a) Sweden BIT 1982
- Appendix VI (b) UK BIT 1986
- Agreement between the Government of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning the Promotion and Reciprocal Protection of Investments
- Article 1 Definitions
- Article 2 Promotion and Protection of Investment
- Article 3 Treatment of Investment
- Article 4 Compensation for Losses
- Article 5 Expropriation
- Article 6 Repatriation of Investments and Returns
- Article 7 Settlement of Disputes between a National or Company and a Host State
- Article 8 Disputes between the Contracting Parties
- Article 9 Subrogation
- Article 10 Territorial Extension
- Article 11 Entry into Force
- Article 12 Duration and Termination
- Agreement between the Government of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning the Promotion and Reciprocal Protection of Investments
- Appendix VI (c) Australia BIT 1988
- Agreement between the Government of the People’s Republic of China and the Government of Australia on the Reciprocal Encouragement and Protection of Investments
- Article 1 Definitions
- Article 2 Encouragement and Admission of Investments
- Article 3 Treatment of Investments
- Article 4 Entry and Sojourn of Personnel
- Article 5 Settlement of Disputes between Nationals of the Contracting parties
- Article 6 Transparency of Laws
- Article 7 Limitations on Immunity
- Article 8 Expropriation and Nationalisation
- Article 9 War or Armed Conflict
- Article 10 Transfers
- Article 11 Undertakings Given to Investors
- Article 12 Settlement of Disputes between one Contracting Party and a National of the other Contracting Party Relating to Investments
- Article 13 Settlement of Disputes between Contracting Parties
- Article 14 Entry into Force, Duration and Termination
- Agreement between the Government of the People’s Republic of China and the Government of Australia on the Reciprocal Encouragement and Protection of Investments
- Appendix VI (d) Japan BIT 1988
- Appendix VI (e) Korea BIT 1992
- Appendix VI (f) Netherlands BIT 2001
- Agreement on Encouragement and Reciprocal Protection of Investments between the Government of the People’s Republic of China and the Government of the Kingdom of the Netherlands
- Article 1 Definitions
- Article 2 Promotion and Admission of Investments
- Article 3 Treatment of Investment
- Article 4 Entry and Sojourn of Personnel
- Article 5 Expropriation
- Article 6 Compensation for damages and losses
- Article 7 Repatriation of Investments and Returns
- Article 8 Subrogation
- Article 9 Settlement of Disputes between Contracting Parties
- Article 10 Settlement of Disputes between an Investor and a Contracting Party
- Article 11 Consultations
- Article 12 Application
- Article 13 Transition
- Article 14 Application and Termination of the Agreement Concerning the Kingdom of The Netherlands
- Article 15 Entry into Force, Duration and Termination
- Agreement on Encouragement and Reciprocal Protection of Investments between the Government of the People’s Republic of China and the Government of the Kingdom of the Netherlands
- Appendix VI (g) Germany BIT 2003
- Agreement between the Federal Republic of Germany and the People’s Republic of China on the Encouragement and Reciprocal Protection of Investments
- Article 1 Definitions
- Article 2 Promotion and Protection of Investment
- Article 3 Treatment of Investment
- Article 4 Expropriation and Compensation
- Article 5 Compensation for Damages and Losses
- Article 6 Repatriation of Investments and Returns
- Article 7 Subrogation
- Article 8 Settlement of Disputes between Contracting Parties
- Article 9 Settlement of Disputes between Investors and one Contracting Party
- Article 10 Other Obligations
- Article 11 Application
- Article 12 Relations between Contracting Parties
- Article 13 Consultations
- Article 14 Protocol
- Article 15 Entry into Force, Duration and Termination
- Article 16 Transition
- Agreement between the Federal Republic of Germany and the People’s Republic of China on the Encouragement and Reciprocal Protection of Investments
- Appendix VI (h) Russia BIT 2006
- Agreement between the Government of the People’s Republic of China and the Government of the Russian Federation on the Promotion and Reciprocal Protection of Investments
- Article 1 Definitions
- Article 2 Promotion and Protection of Investment
- Article 3 Treatment of Investment
- Article 4 Expropriation
- Article 5 Compensation for Losses
- Article 6 Transfer of Payments
- Article 7 Subrogation
- Article 8 Settlement of Disputes between Contracting Parties
- Article 9 Settlement of Disputes between One Contracting Party and an Investor of the Other Contracting Party
- Article 10 Other Obligations
- Article 11 Application
- Article 12 Consultations
- Article 13 Entry into Force, Duration and Termination
- Agreement between the Government of the People’s Republic of China and the Government of the Russian Federation on the Promotion and Reciprocal Protection of Investments
- Appendix VI (i) Seychelles BIT 2007
- Agreement between the Government of the People’s Republic of China and the Govenrment of the Republic of Seychelles on the Reciprocal Promotion And Protection of Investments
- Article 1 Definitions
- Article 2 Scope of the Agreement
- Article 3 Promotion and admission of investments
- Article 4 Fair and equitable treatment
- Article 5 National treatment and most favoured Nation treatment
- Article 6 Dispossession and indemnification
- Article 7 Free transfer
- Article 8 Settlement of disputes between an investor and a Contracting Party
- Article 9 Guarantee and subrogation
- Article 10 Special commitment
- Article 11 Settlement of disputes between Contracting Parties
- Article 12 Application
- Article 13 Entry into force and termination
- Agreement between the Government of the People’s Republic of China and the Govenrment of the Republic of Seychelles on the Reciprocal Promotion And Protection of Investments
- Appendix VI (j) Mexico BIT 2008
- Agreement between the Government of the People's Republic of China and the Government of the United Mexican Statess on the Promotion and Reciprocal Protection of Investments
- Ch.I General Provisions
- Ch.II Protection to Investment
- Ch.III Dispute Settlement
- s.One: Settlement of Disputes Between a Contracting Party and an Investor of the other Contracting Party
- Article 11 Purpose
- Article 12 Notice of Intent and Consultation
- Article 13 Arbitration: Scope and Standing and Time Periods
- Article 14 Contracting Party Consent
- Article 15 Constitution of the Arbitral Tribunal
- Article 16 Consolidation
- Article 17 Place of Arbitration
- Article 18 Indemnification
- Article 19 Applicable Law
- Article 20 Awards and Enforcement of Awards
- Article 21 Interim Measures of Protection
- s.Two: Settlement of Disputes between the Contracting Parties
- s.One: Settlement of Disputes Between a Contracting Party and an Investor of the other Contracting Party
- Ch.IV Final Provisions
- Agreement between the Government of the People's Republic of China and the Government of the United Mexican Statess on the Promotion and Reciprocal Protection of Investments
- Appendix VI (k) New Zealand Free Trade Agreement 2008, Chapter 11
- Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China
- Ch.II Investment
- s.1: Investment
- Article 135 Definitions
- Article 136 Objectives
- Article 137 Scope
- Article 138 National Treatment
- Article 139 Most-favoured-nation Treatment
- Article 140 Performance Requirements
- Article 141 Non-Conforming Measures
- Article 142 Transfers
- Article 143 Fair and Equitable Treatment
- Article 144 Compensation for Losses
- Article 145 Expropriation
- Article 146 Transparency
- Article 147 Contact Points
- Article 148 Subrogation
- Article 149 Denial of Benefits
- Article 150 Committee on Investment
- Article 151 Promotion and Facilitation of Investment
- s.2: Investor – State Dispute Settlement
- Article 152 Consultation and Negotiation
- Article 153 Consent to Submission of a Claim
- Article 154 Admissibility of Claims and Preliminary Objections
- Article 155 Interpretation of Agreement
- Article 156 Consolidation of Claims
- Article 157 Publication of Information and Documents Relating to Arbitral Proceedings
- Article 158 Awards
- s.1: Investment
- Ch.II Investment
- Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China
- Appendix VII ICSID Convention
- Convention on the Settlement of Investment Disputes between States and Nationals of other States
- Preamble
- Ch.I International Centre for Settlement of Investment Disputes
- Ch.II Jurisdiction of the Centre
- Ch.III Conciliation
- Ch.IV Arbitration
- Ch.V Replacement and Disqualification of Conciliators and Arbitrators
- Ch.VI Cost of Proceedings
- Ch.VII Place of Proceedings
- Ch.VIII Disputes Between Contracting States
- Ch.IX Amendment
- Ch.X Final Provisions
- Convention on the Settlement of Investment Disputes between States and Nationals of other States
- Appendix VIII China’s Notification of Class of Dispute to the ICSID
- I Books and Articles
- II Principal Web-Based Sources
- Index
- [18.232.179.37]
- 18.232.179.37
