One Belt One Road and Investment Treaty Disputes

By William Langran, Garreth Wong, Jonathan Choo

12-2018

Investment Treaty Arbitration for Disputes on the Silk Road

China is currently a party to 127 Bilateral Investment Treaties (BITs) and a further 22 treaties with investment protections (TIPs). These treaties provide Chinese companies making investments in another State with significant protections against conduct by the host State which adversely affects the value of the investment. Importantly, investors can bring claims for compensation directly against the host State, and international arbitration tribunals, rather than the local courts, then determine such claims. These investment protections are gaining increasing importance following the introduction of the Belt and Road Initiative (“BRI”) by the Chinese President Xi Jinping in 2013. In this guide, we consider the legal protection offered by investment treaties, as well as the investors and investments they may cover.

To read the full article, click here.