Introduction

The People's Republic of China ("China") continues to be second only to Germany in the number of bilateral investment treaties that it has signed. Recently China has also been entering into free trade agreements, which regularly contain dispute resolution provisions, such as its 2001 Investment Agreement with ASEAN. To date there is no public record of international arbitration ever having been instituted against China, although at least one treaty arbitration has been commenced by a Chinese national under a China BIT. This Article discusses whether treaty arbitration represents a real ...