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

Beyond the Memorandum: Shanghai Court Enforces Singapore Judgment by Confirming “Reciprocal Consensus” Under China’s New Framework

On January 8, 2025, the Shanghai International Commercial Court recognized and enforced a Singapore High Court monetary judgment in Zhao v Ye (2023) Hu 01 Xie Wai Ren No. 28. It marks the first judicial confirmation of “reciprocal consensus” between China and Singapore under the 2022 reciprocity criteria, based on the China-Singapore Memorandum of Guidance (MOG).

SPC Issues New Rules for Government Information Disclosure Cases

In May 2025, China's Supreme People's Court (SPC) issued a new judicial interpretation, replacing its 2011 predecessor to standardize adjudication of government information disclosure cases and safeguard citizens' right to know by clarifying trial standards, defendant identification, burden of proof, and preventive relief.

China's Top Court Releases Minor Protection Cases

China's Supreme People's Court (SPC) released five typical cases to strengthen holistic judicial protection for minors, exemplifying the "best interests of the child" principle through integrated criminal, civil, and administrative proceedings.

China Enacts Landmark Private Economy Promotion Law

China enacted its landmark first Private Economy Promotion Law, effective May 20, 2025, to guarantee fair competition, streamline market access via a unified negative list, and bolster private enterprises through financing, innovation, and service support.