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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Main Author: MCLAUGHLIN, Mark
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2024
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Online Access: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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spelling 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
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Dispute Resolution and Arbitration
International Trade Law
spellingShingle Dispute Resolution and Arbitration
International Trade Law
MCLAUGHLIN, Mark
Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism
description 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.
format 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
publisher Institutional Knowledge at Singapore Management University
publishDate 2024
url 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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