Date: 18Feb 2022
In recent years, there is a dramatic increase of investor-state arbitration (ISA) disputes involving China and Chinese investors, relying on China’s investment treaties. Such cases are likely to further increase, given the huge amount of foreign investment in China, China’s large number of investment treaties and the expansion of Chinese overseas investments under the Belt and Road Initiative (BRI). Against this backdrop, it is of interest and importance to explore the current situation and future challenges of investor-state dispute settlement (ISDS) with respect to China, and how the participation of China and Chinese investors could impact the development of ISDS. Leading academics who frequently write on China and ISDS and prominent practitioners who represent China-related ISDS cases will explore the following issues and beyond: what is the status quo of ISDS cases relying on Chinese investment treaties? What is the future ISDS regime in China’s eyes? How China and Chinese investors respond to investment disputes and what are the challenges to them? These issues will be discussed from both law, policy, geopolitical and practical perspectives, and are meant to provide necessary information and insights to all who are interested in ISDS, dispute settlement and China.
Associate Professor, Faculty of Law, The University of Hong Kong
Manjiao Chi is Professor and Founding Director of Center for International Economic Law and Policy (CIELP), Law School of the University of International Business and Economics (UIBE Law). His recent study focuses on international economic law and policy, and dispute settlement. He is Deputy Chair, UNCITRAL Academic Forum on ISDS; Standing Council Member, Chinese Society of International Law; Co-Chair, American Society of International Law Asia Pacific Interest Group. Author of numerous academic books and articles, visiting professor of several leading law schools across the world, frequent speaker in international law conferences, consultant of various international organizations, experienced arbitrator and dispute settlement expert. He also worked in China’s Ministry of Commerce on secondment, and has been involved in several WTO and investment disputes and participated in investment agreement negotiations.
Professor Yuwen Li is the founding Director of Erasmus China Law Center and professor of Chinese law at School of Law of Erasmus University Rotterdam, the Netherlands. She graduated from the Law Faculty of Peking University in 1984, then went to study and work in the Netherlands. She is one of the few scholars who have committed to bridging the East and West divide by promoting EU-China legal and judicial cooperation through teaching and initiating various training and research projects between Chinese and European institutions. She is the Chief Editor of the Routledge Series on the Rule of Law in China and Comparative Perspectives.
Qing Ren is a Partner of Global Law Office based in Beijing. Qing acts as counsel in commercial arbitrations, investor-state arbitrations and WTO dispute settlement cases, relating to, inter alia, construction, real estate, mining, agricultural products, renewable energy, expropriation, and licensing. He is currently representing an Asian sovereign state in two investor-state arbitrations. Qing appears on the panels of arbitrators of CIETAC, CMAC, BAC/BIAC, SHIAC, SCIA and some other arbitral institutions. He has extensive experience as presiding, sole and party-appointed arbitrator in domestic and international arbitrations, relating to, inter alia, sales of goods, construction, investments, share purchase and repurchase, joint ventures, insurance, software, oil and gas, pharmaceuticals, and real estate. Qing receives his LLB and LLM at Renmin University School of Law. He once worked at the Department of Treaty & Law of Ministry of Commerce of China.
Mariana Zhong is a partner of Hui Zhong Law Firm based in Beijing. Previously, she was a national partner of the international arbitration department of Dechert LLP. Mariana focuses her practice on international dispute resolution matters including international commercial arbitration and investment arbitration. She has worked on several dozens of international commercial arbitration cases before domestic and international institutions including ICC, LCIA, HKIAC, SIAC, CIETAC, BAC, SHIAC, SCIA, etc. seated home and abroad, and ad hoc tribunals seated abroad applying UNCITRAL Arbitration Rules. Mariana also handles investment arbitration. She is currently representing two Chinese investors against a State in Southeast Asia, and previously was involved in two ICSID arbitration cases representing investors from Europe. She also provides pre-arbitration review and analysis to investors.