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Potential Investor-State Issues in Belt and Road Initiative Projects

In the latest edition of Asian Dispute Review, Duncan Matthews QC and Simon Milnes discuss the protections available to State-owned entities (SOEs) under investor-State dispute settlement (ISDS) mechanisms in the context of the Belt and Road Initiative.

The article addresses three related aspects of the protections available to participants in Belt and Road Initiative (BRI) projects, particularly State-owned entities (SOEs).

These are:

  1. geographical variations in the scope of protections available;
  2. the requirement for an ’investment’, particularly under the ICSID régime; and
  3. last but definitely not least, the much more intricate question of whether, and when, an SOE qualifies as an ‘investor’.

This article follows a 20 Essex Street seminar at the Hong Kong International Arbitration Centre in May 2018.

For the April issue of Asian Dispute Review, see here.

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