The dilemma and way-out of Chinese investors seeking the ISDS mechanism in Nigeria : an overview of Zhongshan Fucheng v. Nigeria
- Author
- Xianqi Peng (UGent)
- Organization
- Abstract
- With the in-depth promotion of the construction of the "Belt and Road", China has gradually changed from a capital-importing country to a capital-importing and capital-exporting country, and its investments and disputes in Africa have been increasing. As the first investment arbitration case brought by a Chinese investor against an African country, Zhongshan Fucheng v. Nigeria reflects the dilemma of Chinese investors seeking remedy after investment disputes in Nigeria. Such as resorting to litigation in the host country for a long time, being issued an injunction by the host country court to block commercial arbitration, and being invoked by the host country to challenge the jurisdiction of investment arbitration under the fork in the road clause, and so on. This is not only due to the local protection of the host country, but also because Chinese investors are not familiar with the investment dispute settlement mechanism. Chinese investors should carefully choose dispute resolution methods under the framework of existing international treaties and the China-Nepal BIT, and may also rely on their home countries to update the China-Nepal BIT or sign free trade agreements to improve the legal system for investor protection, and finally, may consider setting up a China-Africa Investment Dispute Resolution Center (CIDRC) under the mechanism of the Forum on China-Africa Cooperation (FOCAC) to amicably resolve China-Africa investment disputes.
- Keywords
- Zhongshan Fucheng v. Nigeria, Fork in the Road Clause, Prohibition of Arbitration, Sino-Nigerian Investment Disputes
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01HJRA08BACNN4SSPCVATCATQ8
- MLA
- Peng, Xianqi. “The Dilemma and Way-out of Chinese Investors Seeking the ISDS Mechanism in Nigeria : An Overview of Zhongshan Fucheng v. Nigeria.” AFRICAN STUDIES = 非洲研究, vol. 20, no. 1, 2023, pp. 190–209.
- APA
- Peng, X. (2023). The dilemma and way-out of Chinese investors seeking the ISDS mechanism in Nigeria : an overview of Zhongshan Fucheng v. Nigeria. AFRICAN STUDIES = 非洲研究, 20(1), 190–209.
- Chicago author-date
- Peng, Xianqi. 2023. “The Dilemma and Way-out of Chinese Investors Seeking the ISDS Mechanism in Nigeria : An Overview of Zhongshan Fucheng v. Nigeria.” AFRICAN STUDIES = 非洲研究 20 (1): 190–209.
- Chicago author-date (all authors)
- Peng, Xianqi. 2023. “The Dilemma and Way-out of Chinese Investors Seeking the ISDS Mechanism in Nigeria : An Overview of Zhongshan Fucheng v. Nigeria.” AFRICAN STUDIES = 非洲研究 20 (1): 190–209.
- Vancouver
- 1.Peng X. The dilemma and way-out of Chinese investors seeking the ISDS mechanism in Nigeria : an overview of Zhongshan Fucheng v. Nigeria. AFRICAN STUDIES = 非洲研究. 2023;20(1):190–209.
- IEEE
- [1]X. Peng, “The dilemma and way-out of Chinese investors seeking the ISDS mechanism in Nigeria : an overview of Zhongshan Fucheng v. Nigeria,” AFRICAN STUDIES = 非洲研究, vol. 20, no. 1, pp. 190–209, 2023.
@article{01HJRA08BACNN4SSPCVATCATQ8, abstract = {{With the in-depth promotion of the construction of the "Belt and Road", China has gradually changed from a capital-importing country to a capital-importing and capital-exporting country, and its investments and disputes in Africa have been increasing. As the first investment arbitration case brought by a Chinese investor against an African country, Zhongshan Fucheng v. Nigeria reflects the dilemma of Chinese investors seeking remedy after investment disputes in Nigeria. Such as resorting to litigation in the host country for a long time, being issued an injunction by the host country court to block commercial arbitration, and being invoked by the host country to challenge the jurisdiction of investment arbitration under the fork in the road clause, and so on. This is not only due to the local protection of the host country, but also because Chinese investors are not familiar with the investment dispute settlement mechanism. Chinese investors should carefully choose dispute resolution methods under the framework of existing international treaties and the China-Nepal BIT, and may also rely on their home countries to update the China-Nepal BIT or sign free trade agreements to improve the legal system for investor protection, and finally, may consider setting up a China-Africa Investment Dispute Resolution Center (CIDRC) under the mechanism of the Forum on China-Africa Cooperation (FOCAC) to amicably resolve China-Africa investment disputes.}}, author = {{Peng, Xianqi}}, isbn = {{9787522827506}}, journal = {{AFRICAN STUDIES = 非洲研究}}, keywords = {{Zhongshan Fucheng v. Nigeria,Fork in the Road Clause,Prohibition of Arbitration,Sino-Nigerian Investment Disputes}}, language = {{chi}}, number = {{1}}, pages = {{190--209}}, title = {{The dilemma and way-out of Chinese investors seeking the ISDS mechanism in Nigeria : an overview of Zhongshan Fucheng v. Nigeria}}, url = {{https://xianxiao.ssap.com.cn/catalog/7069705.html}}, volume = {{20}}, year = {{2023}}, }