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

PRC Double Interest neither Double nor Penal, Australian Courts Clear Its Name When Enforcing Chinese Judgments

Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (PRC) monetary judgments functions as a compensatory post-judgment interest framework rather than an unenforceable penalty. This consolidates Australia’s position as a highly attractive and creditor-friendly forum for enforcing Chinese judgments. See Zhengzhou Lvdu Real Estate Group Co v Shu [2024] NSWSC 58 (6 February 2024), Fu v Pang [2025] VSC 597 (16 September 2025)

IOMed Settles First Case, Resolving China-Singapore Maritime Dispute

The newly established International Organization for Mediation (IOMed) has successfully resolved its inaugural case—a maritime charter dispute between Chinese and Singaporean parties—marking a major milestone for the world’s first government-backed global mediation body.

China Overhauls Arbitration Law for Global Alignment

Having entered into force on March 1, 2026, China’s first comprehensive revision of its 1995 Arbitration Law has introduced ad hoc arbitration, strengthened interim relief, and aligned the legal framework more closely with international standards.