Confusion or Clarity in Perspective: Jurisprudential Review of the Investorstate Arbitration Clause in the ASEAN-China Investment Treaty and the Award on Jurisdiction in the First China-Related ICSID Case

(2010) 4(1) World Arbitration and Mediation Review 27-85

62 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

Apart from the financial crisis, the universe of investment treaty arbitration witnessed two eye-catching events in 2009. First, the Association of South East Asian Nations (“ASEAN”) and the People’s Republic of China (“China”) entered into an Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation (the “Treaty”) in Bangkok, Thailand on August 15, 2009. Second, the Decision on Jurisdiction and Competence in the case of Tza Yap Shum v The Republic of Peru (the “Award”), first ever case heard on a bilateral investment treaty (“BIT”) involving China, was rendered by the arbitration tribunal (the “Tribunal”) convened under the auspices of ICSID on June 19, 2009. The focus of this article is to review some key aspects of the investor-state arbitration clause in both the Award and the Treaty. The BIT practice of China and ASEAN member states will be briefly reviewed. An Asian approach towards multilateralism will be discussed in the article.

Keywords: ASEAN-China Investment Treaty, Tza Yap Shum v. Peru

Suggested Citation

Wei, Shen, Confusion or Clarity in Perspective: Jurisprudential Review of the Investorstate Arbitration Clause in the ASEAN-China Investment Treaty and the Award on Jurisdiction in the First China-Related ICSID Case (September 26, 2013). (2010) 4(1) World Arbitration and Mediation Review 27-85, Available at SSRN: https://ssrn.com/abstract=2331415 or http://dx.doi.org/10.2139/ssrn.2331415

Shen Wei (Contact Author)

Shanghai Jiao Tong University Law School ( email )

No.1954 Huashan Road
Shanghai, Shandong 200030
China

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
207
Abstract Views
1,021
Rank
266,316
PlumX Metrics