Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism
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 nego...
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sg-smu-ink.sol_research-63522024-03-07T07:43:05Z Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism MCLAUGHLIN, Mark 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. 2024-01-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/4394 info:doi/10.1017/asjcl.2024.1 https://ink.library.smu.edu.sg/context/sol_research/article/6352/viewcontent/conceptualising_state_centric_mediation_pvoa_cc_by.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Dispute Resolution and Arbitration International Trade Law |
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Dispute Resolution and Arbitration International Trade Law MCLAUGHLIN, Mark Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism |
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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. |
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text |
author |
MCLAUGHLIN, Mark |
author_facet |
MCLAUGHLIN, Mark |
author_sort |
MCLAUGHLIN, Mark |
title |
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism |
title_short |
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism |
title_full |
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism |
title_fullStr |
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism |
title_full_unstemmed |
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism |
title_sort |
conceptualising state-centric mediation: an analysis of china's foreign investment complaints mechanism |
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Institutional Knowledge at Singapore Management University |
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2024 |
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https://ink.library.smu.edu.sg/sol_research/4394 https://ink.library.smu.edu.sg/context/sol_research/article/6352/viewcontent/conceptualising_state_centric_mediation_pvoa_cc_by.pdf |
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