Mercredi 5 octobre 2022: Madame Yue Zhao

Madame Yue Zhao soutiendra, en vue de l'obtention du grade de docteure en droit, sa thèse intitulée:

« Recognition and Enforcement of Investor-State Arbitration Awards: Proposals for Adjusting the Chinese Legal Framework
in Light of Comparative Law »

Mercredi 5 octobre 2022 – 9h00
Salle 3050 - UNI MAIL

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Résumé:

Investor-State arbitration (‘ISA’) has evolved into a common method to resolve disputes between foreign investors and host States. As the number of concluded cases increases, the enforcement of ISA awards has become a major concern. National courts in many countries have enforced or recognised ISA awards. The preferred enforcement venues include North America (the United States and Canada), Western Europe (mainly the United Kingdom, Germany, and France) and Australia. It is also reported that parties have sought enforcement, albeit less frequently, in Argentina, Russia, Ukraine and Kyrgyzstan. Conversely, China remains a forgotten place where not even a single court ruling on the enforcement of an ISA award has been made. China’s absence from venues of enforcement is in marked contrast to its extended engagement with the global international investment treaty regime and investor-State dispute settlement.

This thesis argues that Chinese domestic law, as it currently stands, does not provide a certain answer as to if and how an ISA award can be enforced. Moreover, China’s stance on the doctrine of absolute State immunity forestalls Chinese courts from exercising jurisdiction over any action against a sovereign State. In light of comparative law, this thesis explores how Chinese law can be recrafted to ensure the enforceability of ISA awards. It brings forward a set of proposals for adjusting Chinese law to ensure that ISA awards, rendered inside or outside China, can be recognised and enforced by Chinese courts.