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China's International Investment StrategyBilateral, Regional, and Global Law and Policy$
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Julien Chaisse

Print publication date: 2019

Print ISBN-13: 9780198827450

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198827450.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2019

Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime

Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime

A Review in Light of Ping An v Belgium

Chapter:
(p.462) 25 Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime
Source:
China's International Investment Strategy
Author(s):

Claire Wilson

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198827450.003.0026

The case of Ping An v Kingdom of Belgium is a significant addition to investor–state dispute settlement (ISDS) jurisprudence. It concerns the first mainland Chinese company to file a claim with the International Centre for the Settlement of Investment Disputes (ICSID) and is the first known ICSID case involving the Kingdom of Belgium as a respondent. The dispute emanated from actions that were taken during the 2008 global financial crisis—therefore it is of considerable public importance. The level of protection available to Chinese investments where China has entered into successive treaties is one of the main issues to be explored in this chapter. The commentary also analyses the facts surrounding the Ping An claim and considers how the award rendered by the tribunal could affect future claims.

Keywords:   Ping An, China–Belgium bilateral investment treaty, foreign direct investment, investor–state dispute settlement, multi-national enterprises

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