China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs.
Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local
governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment. It will consider the current role of investment treaties in China's foreign economic policy, analyse and interpret the key provisions of the BITs, and discuss the future agenda of
China's investment programme. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.
Professor Wenhua Shan is the Dean and Tengfei Professor of International Law at the School of Law of Xian Jiaotong University, PR China. He is also Professor of International Law at Oxford Brookes University, UK. As a PhD from the University of Cambridge and and a practising Chinese lawyer (barrister and solicitor), Professor Shan has written extensively on international investment law and arbitration, and has advised Chinese and foreign governments on investment treaty negotiations and arbitration cases. His recent publications include Chinese Investment Treaties: Policies and Practice (co-authored with Ms Norah Gallagher, OUP 2009), The Legal Framework of EU-China Investment Relations: A Critical Appraisal (Hart Publishing 2005) and Redefining Sovereignty in International Economic Law (Hart Publishing 2008). He was recently awarded the title of Special Government Allowance Expert by the State Council of PR China. Norah Gallagher is Director of the Director of the Investment Treaty Forum, BIICL. She is a specialist in international arbitration and public international law with Herbert Smith, and a lecturer on the International Trade and Investment Dispute Settlement course at Queen Mary University, London. Before joining Herbert Smith, she was a Research Fellow of the Lauterpacht Research Centre for International Law, University of Cambridge, where she worked for several years on international dispute resolution. She has acted in arbitrations under ICC, ICSID and LCIA, advised states and corporations on public international law issues, and has been involved with cases before the International Court of Justice.
Appendix I LIST OF SIGNED CHINESE BITS (AS OF JULY 2008)