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内容简介
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This article therefore attempts to examine the umbrella clauses in Chinese BITs and investment contracts in China by mainly referring to jurisprudence in arbitration and court cases. It will first examine the umbrella clauses in Chinese BITs and discuss their legal implications by referring to jurisprudence of recent arbitration cases. It then move son to analyse the main issues relating to investment contracts in China, including their nature, governing law, stabilization clause, governmental guarantees and dispute settlement. It concludes that whilst joint venture contracts normally are not states contracts, joint exploitation and BOT contracts are likely to be considered as state contract subject to the protection of umbrella clause under applicable investment treaties.
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