Some considerations on the investment dispute settlement between Chinese investors and the Arab countries in the B&R Initiative contextSep. 3,2019
With the advancement of the “B&R” Initiative, there will be more and more Chinese investments into the Arab countries. However, the investment disputes between them will be more likely to happen as a result of the political and legal risks posed by the political unrest, the widespread terrorist incidents, and the unpredictable legal changes. There are currently three kinds of mechanisms for investment dispute settlement provided in the national laws, the bilateral investment treaties between China and the Arab Countries and the regional multilateral investment agreements, offering the Chinese investors the choices of litigation, arbitration and conciliation to settle such investment disputes with the Arab countries. Generally speaking, it is preferable for the Chinese investors to resort to a reputable arbitral institution in a third country outside the host Arab state; and they may also make use of the investment dispute settlement mechanisms designed by the Arab regional multilateral investment agreements under some suitable circumstances. China may consider negotiating and concluding more BITs with Arab countries or working to enforce the concluded BITs. In the future, China may also consider negotiating and concluding an FTA with the Great Arab Free Trade Area.
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