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7 China’s BIT’s and Arbitration Practice: Progress and Problems

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Chapter Summary

The significant and rapid increase of bilateral and multilateral investment treaties entered into by countries have changed the landscape of investor protection. Since China signed the International Centre for Settlement of Investment Disputes (ICSID) Convention the types of bilateral investment treaties (BITs) being negotiated have also changed. One clear example is the move towards accepting international arbitration for all investment disputes arising under a treaty. It was not just China that moved towards this more liberal approach but many other states including Russia, the former Soviet bloc nations and Latin America. The increased protection of foreign investment combined with direct access for an aggrieved investor to international arbitration in these treaties seemed to revolutionise the older system overnight. It has been asserted that this arbitration entitlement is one of the most progressive developments in the procedure of international law of the past fifty years.

Keywords: bilateral investment treaties (BITs); China; ICSID Convention; international arbitration; international law; Latin America; Russia



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