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State-Owned Enterprises in the Current Regime of Investor-State Arbitration

The Role of the State in Investor-State Arbitration (Martinus Nijhoff / BRILL, Forthcoming)

19 Pages Posted: 31 Jul 2014  

Ji Li

Rutgers Law School

Date Written: July 29, 2014

Abstract

The rise of state-owned companies and sovereign wealth funds (together SOEs) poses many new questions for the regime of investor-state arbitration. Extant literature treats all SOEs the same and limits its focus to the doctrinal treatment of SOEs. This article, by studying Chinese SOEs, demonstrates the complexity of the structure and management of SOEs and their relations with the State. This paper constructs an analytic framework for properly treating SOEs under the current system. The four factor model (distance from the political centre, characteristics of state ownership, sector, and SOE leadership) may facilitate ICSID tribunals' decision-making with regard to the standing of SOE investors and the application of attribution rules.

Keywords: state-owned enterprises, sovereign wealth fund, investor-state arbitration, ICSID, investment arbitration, state capitalism, Chinese political economy, international arbitration

Suggested Citation

Li, Ji, State-Owned Enterprises in the Current Regime of Investor-State Arbitration (July 29, 2014). The Role of the State in Investor-State Arbitration (Martinus Nijhoff / BRILL, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2473834

Ji Li (Contact Author)

Rutgers Law School ( email )

123 WASHINGTON STREET
Newark, NJ NEW JERSEY 07102
United States

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