Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime

Abstract

The case of Ping An v Kingdom of Belgium is a significant addition to investor–state dispute settlement (ISDS) jurisprudence. It concerns the first mainland Chinese company to file a claim with the International Centre for the Settlement of Investment Disputes (ICSID) and is the first known ICSID case involving the Kingdom of Belgium as a respondent. The dispute emanated from actions that were taken during the 2008 global financial crisis—therefore it is of considerable public importance. The level of protection available to Chinese investments where China has entered into successive treaties is one of the main issues to be explored in this chapter. The commentary also analyses the facts surrounding the Ping An claim and considers how the award rendered by the tribunal could affect future claims.