Book contents
- Decoding Chinese Bilateral Investment Treaties
- Decoding Chinese Bilateral Investment Treaties
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Abbreviations
- 1 Current Landscape and Puzzling Issues
- 2 China’s Foreign Investment Law in the Past Four Decades
- 3 Substantive Protection Provisions in Chinese BITs
- 4 Nondiscriminatory Standards in China’s BITs
- 5 Expropriation in Local and Global Contexts
- 6 How Are Chinese BITs Interpreted? Jurisprudential Review of Treaty Interpretative Tools in Chinese BIT-based Arbitration Cases
- 7 Parallel Proceedings under Chinese BITs
- 8 Transitional Clauses in Transition and the Black Hole in Chinese BIT Law
- 9 Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
- 10 Who Makes Chinese BITs? An Empirical Investigation
- 11 By Way of Conclusion: Chinese BIT Law and Practice in the Jungle
- Bibliography
- Index
7 - Parallel Proceedings under Chinese BITs
Published online by Cambridge University Press: 17 August 2021
- Decoding Chinese Bilateral Investment Treaties
- Decoding Chinese Bilateral Investment Treaties
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Abbreviations
- 1 Current Landscape and Puzzling Issues
- 2 China’s Foreign Investment Law in the Past Four Decades
- 3 Substantive Protection Provisions in Chinese BITs
- 4 Nondiscriminatory Standards in China’s BITs
- 5 Expropriation in Local and Global Contexts
- 6 How Are Chinese BITs Interpreted? Jurisprudential Review of Treaty Interpretative Tools in Chinese BIT-based Arbitration Cases
- 7 Parallel Proceedings under Chinese BITs
- 8 Transitional Clauses in Transition and the Black Hole in Chinese BIT Law
- 9 Evolutionary Path of China’s BIT Law in the Return of the State Paradigm: A Statistical and Textual Approach
- 10 Who Makes Chinese BITs? An Empirical Investigation
- 11 By Way of Conclusion: Chinese BIT Law and Practice in the Jungle
- Bibliography
- Index
Summary
This chapter continues to focus on procedural rules in Chinese BITs. Classic issues in international commercial arbitration such as parallel proceedings also emerge in international investment arbitration. The parallel existence of international investment arbitration and domestic litigation deserves careful analysis for the sake of international legal certainty and security. Given the small number of international investment arbitration cases involving China and its BITs, the issue of parallel proceedings in Chinese BIT law and practice is underinvestigated. The chapter looks into this issue by reference to the case of Hela Schwarz GmbH v. PR China, an ongoing BIT arbitration case registered with the ICSID. Some improvements have been made to relevant jurisdictional clauses in China’s more recent free trade agreements, filling the gap in this gray area.
- Type
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- Information
- Decoding Chinese Bilateral Investment Treaties , pp. 182 - 207Publisher: Cambridge University PressPrint publication year: 2021