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Comment On "the Case Of Ancheng Housing Co.,Ltd.V. People 's Republic Of China Investment Arbitration"

Posted on:2019-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
As a hot area where various countries competing for investment,China has always been sought after by investors from all over the world.However,irrespective of the amount of investment,China has fewer relevant cases in ICSID and even in international arbitration institutions.One reason for this is that China's cautious attitude towards international arbitration has greatly weakened the possibility that foreign investors appealing to international arbitration.What is more,China ' s overseas investment boom has just begun,many risks have not yet emerged or risen into solution through arbitration.However,we must clearly understand the importance of participating in international arbitration in solving problem.We should take precautions attitude on it,learning the law from case,and expect that it can enlighten the Chinese government and foreign investment companies.This paper mainly analyzes the case of Ancheng Company v.China Investment Arbitration.Since this case is the second time that China participated in the ICSID arbitration as the respondent,and it is also the first time that China entered the public trial of ICSID arbitration.Therefore,this case has always had a high degree of attention from trial to conclusion.This case is of great reference to China's foreign-invested enterprises and domestic government.Through the analysis and interpretation of this case,the author hopes that on the one hand China's foreign-invested enterprises can better understand ICSID rules and procedures,so they are better able to resort to remedies when faced with problems;on the other hand,it can also make our government aware whether to use the ICSID program or not when signing the BIT agreement,thus giving China's foreign-invested enterprises the most powerful support and protection.The full text is divided into three parts:The first part is the brief introduction of the case,which mainly introduces the background of the case and the trial of the case on the basis of the applicant's statement.After that,it also describes the crux disputes of this case so that the reader can have a general understanding of the ins and outs of the case and major issues.The second part analyzes the mainly legal issues such as Article 41(5)objection,the determination of period limitation,and the application of the most-favored-nation treatment in this case.This section begins with a statement of the the background andintroduction of Article 41(5)objection,after which the Arbitral Tribunal sets forth its proof of standards in the dispute between the two parties.Secondly,this part analyzes the starting and ending time of the three-year statute of limitations,mainly in the form of presenting the view of China and Ancheng Company.The arbitration tribunal also made a judgment on the starting and ending time.Finally,some discussions about of the MFN treatment also be given in this part.The third part is the introspection and inspiration of this case of China's overseas investment risk control.It was mainly divided into two aspects to elaborate,one is that as a foreign investment enterprises,it should know how to prevent and deal with the risk from the case;another is that China as a host government,how can it guarantee that there is greater benefits to Chinese enterprises when signing BITs with other countries,maintaining the stability of its policies and establishing its own image as a responsible great country.
Keywords/Search Tags:Lawsuit limitation, Most-favored nation treatment, Investment risk
PDF Full Text Request
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