en
Doctoral thesis
English

Recognition and enforcement of investor-state arbitration awards: proposals for adjusting the Chinese legal framework in light of comparative law

ContributorsZhao, Yue
Number of pages281
Imprimatur date2023-01-20
Defense date2022-10-05
Abstract

As the number of concluded investor-State arbitrations (‘ISA’) increases, there is growing concern over the recognition and enforcement of ISA awards. While national courts in many countries have enforced ISA awards, Chinese courts have yet to make a ruling. This thesis conducts a comprehensive analysis of Chinese domestic law to identify the legal obstacles to enforcing ISA awards in China. In light of a comparative study of enforcement practice in various jurisdictions, such as the United States, the United Kingdom, France, Germany and Australia, this thesis explores how Chinese law can be recrafted to ensure the enforceability of ISA awards rendered inside and outside China. It brings forward proposals for adjusting Chinese law, including draft amendments to statutory laws and judicial interpretations.

eng
Keywords
  • Investor-State arbitration
  • Chinese law
  • Enforcement of arbitral awards
  • Comparative law
Citation (ISO format)
ZHAO, Yue. Recognition and enforcement of investor-state arbitration awards: proposals for adjusting the Chinese legal framework in light of comparative law. 2023. doi: 10.13097/archive-ouverte/unige:167404
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Creation02/26/2023 7:41:00 AM
First validation02/26/2023 7:41:00 AM
Update time03/16/2023 10:55:20 AM
Status update03/16/2023 10:55:18 AM
Last indexation02/01/2024 9:44:34 AM
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