China (Shanghai) Pilot Free Trade Zone Investor-State Dispute Settlement: An Uncertain Experiment

in The Journal of World Investment & Trade
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

The China (Shanghai) Pilot Free Trade Zone (PFTZ) is the first free trade zone of the People’s Republic of China (PRC). It seeks to reform the national economy and open it up to foreign investment. This article argues that the suite of legal instruments that establish the PFTZ – the Framework Plan, the Negative List, the Decision, and the Management Method – are legally uncertain and that their legal uncertainty could cause disputes between PFTZ investors and the PRC. To address the problem of legal uncertainty, the article proposes, first, the adoption of a rational connection to the PFTZ as the test for jurisdiction of the PFTZ Court and the PFTZ Court of Arbitration; secondly, the enactment of the Negative List and the Decision as laws in order to clarify their legal status; and, thirdly, a reform of the PFTZ dispute settlement mechanism under the Management Method into an arbitral system.

The Journal of World Investment & Trade

Law • Economics • Politics

Sections

References

56

Didier Cossin & Abraham Lu, ‘The ICBC Path to Chinese Governance: Lessons for the Western and Emerging Markets’ The European Financial Review (December 2012/January 2013) 66 <https://tinyurl.com/jeyyxpr> accessed 30 January 2017.

90

Shanghai International Arbitration Rules (2014) art 2.

104

PRC Legislation Law (2015) art 7.

110

PRC Constitution (2004) art 58; PRC Legislation Law (2015) art 7.

116

PRC Legislation Law (2015) art 78.

126

PRC Legislation Law (2015) art 8.

129

PRC Legislation Law (2015) art 10.

131

PRC Legislation Law (2015) art 10.

138

PRC Administrative Litigation Law (2014) art 13(2).

143

PRC Administrative Litigation Law (2014) art 6.

147

PRC Legislation Law (2015) art 9.

152

PRC Administrative Reconsideration Law (2009) art 16.

154

PRC Administrative Litigation Law (2014) art 13(2).

155

PRC Administrative Reconsideration Law (2009) art 28(3)(b).

162

Shanghai International Arbitration Rules (2014) art 8.

166

Shanghai International Arbitration Rules (2014) art 3.

179

Shanghai International Arbitration Rules (2014) art 5.

213

PRC Civil Procedural Law (2012) art 260.

215

PRC Civil Procedural Law (2012) art 274.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 14 14 8
Full Text Views 6 6 6
PDF Downloads 2 2 2
EPUB Downloads 0 0 0