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7 - Parallel Proceedings under Chinese BITs
Shen Wei, Shanghai Jiao Tong University, China
Book:

Decoding Chinese Bilateral Investment Treaties

Published online:

17 August 2021

Print publication:

26 August 2021, pp 182-207
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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.