Journal Article

Leaning Towards a More Liberal Stance?

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 26, issue 4, pages 549-596
Published in print December 2010 | ISSN: 0957-0411
Published online September 2014 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbitration/26.4.549
Leaning Towards a More Liberal Stance?

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In stark contrast to the explosion of bilateral investment treaties, multilateral movement in the field of international investment protection has been relatively slower and less significant. In the Asian region, the most recent multilateral achievement is the investment treaty signed by ASEAN and China. This article scrutinises major substantive standards such as national treatment, most-favoured-nation treatment, fair and equitable treatment, full protection and security, expropriation, and capital transfer by reference to Chinese investment treaty jurisprudence. A thorough comparative review indicates that, regardless of its economic and political significance, the treaty represents the more liberal stance both ASEAN and China have recently taken in offering substantive protection standards to foreign investors, which will facilitate investment, improve transparency of investment rules and regulations, strengthen cooperation in investment, and ultimately liberalise the investment regime in the whole ASEAN–China area.

Journal Article.  21976 words.  Illustrated.

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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