Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-2024
Abstract
This article argues that China's foreign investor complaints system constitutes 'state-centric investment mediation'. The Rules on Handling Complaints of Foreign-Invested Enterprises, which entered into force on 1 October 2020, place a state agency in the position of facilitating negotiations between a foreign investor and the agency being complained against. The prospects for this complaints system depend on how the state-as-mediator dynamic is perceived by foreign investors. To this end, it will be argued that settlement agreements reached pursuant to this system may be enforceable under the Singapore Convention on Mediation in certain circumstances. Investors and government entities operating similar systems worldwide should be cognisant of the broad drafting terminology of the Singapore Convention. Moreover, it is proposed that further clarification of the procedural rules and the inclusion of China's foreign-related dispute resolution institutions may enhance investor confidence and encourage use of the complaints system.
Discipline
Dispute Resolution and Arbitration | International Trade Law
Publication
Asian Journal of Comparative Law
First Page
1
Last Page
21
ISSN
2194-6078
Identifier
10.1017/asjcl.2024.1
Publisher
Cambridge University Press
Citation
MCLAUGHLIN, Mark.
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism. (2024). Asian Journal of Comparative Law. 1-21.
Available at: https://ink.library.smu.edu.sg/sol_research/4394
Copyright Owner and License
Authors CC-BY
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1017/asjcl.2024.1