China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

MOFCOM Releases Guidelines for Enterprises to Use Investment Treaties

Thu, 05 Aug 2021
Categories: China Legal Trends

On 28 June 2021, China’s Ministry of Commerce ("MOFCOM") released the Guidelines for Enterprises to Use Investment Treaties (the "Guidelines", 企业利用投资协定参考指南). The Guidelines introduces for enterprises engaged in outbound investment the meaning and functions of investment treaties, the treatment, and protections for enterprises afforded by such treaties, the Investor-state Dispute Settlement Mechanism (ISDS), and the preparations that enterprises should make for the arbitration or the regular business operation.

Pursuant to the Guidelines, the overall process of arbitration for investment disputes may last for several years, usually involving proceedings such as case application, case acceptance, formation of an arbitral tribunal, the decision on jurisdiction, and substantive adjudication. And in some cases, the arbitral award may involve some extra proceedings such as being revoked or enforced. Enterprises may also opt to negotiate with the government of the host country to resolve their disputes.

The Guidelines provides some information about China's investment treaties to facilitate enterprises' access to such agreements. The investment treaties entered between China and other countries can be found in the column, “Bilateral Investment Protection Treaties”, on the website of the Department of Treaty and Law of the Ministry of Commerce,  http://tfs.mofcom.gov.cn/article/h. The investment-related chapters of free trade agreements between China and foreign countries can be found on the website of China Free Trade Zone Services, http://fta.mofcom.gov.cn/.

 

 

Cover Photo by 尧智 林 (https://unsplash.com/@gundam) on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

Beijing Passes Autonomous Vehicle Regulation

In December 2024, Beijing passed the "Beijing Autonomous Vehicle Regulation," effective April 1, 2025, to promote development and safety, allowing self-driving cars in taxis, buses, and more after rigorous testing.

SPC Revises Rules on Mainland China - Taiwan Judgment Recognition

China’s Supreme People’s Court (SPC) has amended regulations on the mutual recognition and enforcement of civil judgments between Mainland China and Taiwan, clarifying application procedures, exceptions, and jurisdictional conflicts, effective January 1, 2025.

China Establishes Shanghai International Commercial Court

The Shanghai International Commercial Court was established in December 2024 as a division of the Shanghai First Intermediate People’s Court, with exclusive jurisdiction over foreign-related commercial cases and arbitration judicial review, along with newly released jurisdictional regulations and model clauses.

SPC Issues Guiding Cases on Gig Worker Protection

In December 2024, China’s Supreme People’s Court issued its first guiding cases on gig worker labor disputes, clarifying criteria for determining employment relationships with platform companies.

China Amends Supervision Law to Strengthen Oversight

The newly amended Supervision Law of the People’s Republic of China, effective June 1, 2025, strengthens oversight, limits supervisory powers, and enhances protections for citizens' rights through standardized enforcement.