Is This a Great Leap Forward? A Comparative Review of the Investor-State Arbitration Clause in the ASEAN-China Investment Treaty: From BIT Jurisprudential and Practical Perspectives

(2010) 27(4) Journal of International Arbitration 379–419

46 Pages Posted: 28 Sep 2013

See all articles by Shen Wei

Shen Wei

Shanghai Jiao Tong University Law School

Date Written: September 26, 2013

Abstract

A major feature of modern bilateral investment treaties (BITs) is to allow investors to access international tribunals such as ICSID for the resolution of disputes between the investor and the host state. Both ASEAN Member States and China are active BIT players and entered into more than 240 and 120 BITs respectively. With tremendous political, economic, and legal significance, ASEAN and China concluded an investment treaty in 2009. The focus of this article is to scrutinize key aspects of the investor-state arbitration clause in this new regional treaty from BIT jurisprudential and practical perspectives, in particular, the Chinese BIT perspectives. Compared to old-generation Chinese BITs, this treaty is leaning towards a liberal stance, further facilitating investors’ access to international arbitration for investment disputes, which in turn promotes liberalism and unity in BIT activities in the region.

Keywords: ASEAN-China Investment Treaty, State-Investor Arbitration Clause

Suggested Citation

Wei, Shen, Is This a Great Leap Forward? A Comparative Review of the Investor-State Arbitration Clause in the ASEAN-China Investment Treaty: From BIT Jurisprudential and Practical Perspectives (September 26, 2013). (2010) 27(4) Journal of International Arbitration 379–419, Available at SSRN: https://ssrn.com/abstract=2331392 or http://dx.doi.org/10.2139/ssrn.2331392

Shen Wei (Contact Author)

Shanghai Jiao Tong University Law School ( email )

No.1954 Huashan Road
Shanghai, Shandong 200030
China

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