China

China

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2021 Montenero v. China Eugenio Montenero v. People's Republic of China China - Switzerland BIT (2009) UNCITRAL Data not available Investment: Shareholding of 50% in h&m Production, a musical festival company incorporated in Hong Kong.

Summary: Claims arising out of a local government’s alleged refusal to authorize a jazz festival in Hainan province in 2014 that the claimant’s company had developed as an annual festival starting with an event in 2013.
Shareholding of 50% in h&m Production, a musical festival company incorporated in Hong Kong. Pending China Switzerland Tertiary: R - Arts, entertainment and recreation 90 - Creative, arts and entertainment activities Data not available 5.00 mln CHF (5.60 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause
Pending Data not available Data not available None None None None None
2 2020 AsiaPhos v. China AsiaPhos Limited v. People’s Republic of China China - Singapore BIT (1985) UNCITRAL Data not available Investment: Investments in three phosphate mines in the Sichuan province.

Summary: Claims arising out of the Government’s alleged expropriation of the claimant’s three phosphate mines in the Sichuan province, including through government directives to vacate and cease operations at two mining operations and the non-renewal of mining and exploration licences at another.
Investments in three phosphate mines in the Sichuan province. Pending China Singapore Primary: B - Mining and quarrying 8 - Other mining and quarrying Data not available Data not available Data not available Data not available Pending None None None None None None None
3 2020 Goh v. China Goh Chin Soon v. People's Republic of China (formerly ICSID Case No. ARB/20/34) (PCA Case No. 2021-30) China - Singapore BIT (1985) UNCITRAL PCA Investment: Investments in several real estate development projects in Qingdao, a city in eastern China.

Summary: Claims arising out of the Government’s alleged seizure of the claimant’s assets and interests in real estate development projects in the city of Qingdao.
Investments in several real estate development projects in Qingdao, a city in eastern China. Pending China Singapore Tertiary: L - Real estate activities 68 - Real estate activities Reed, L. - President

Moser, M. J. - Claimant

Douglas, Z. - Respondent
Data not available Data not available Direct expropriation Pending None None None None None None None
4 2020 Macro Trading v. China Macro Trading Co., Ltd. v. People’s Republic of China (ICSID Case No. ARB/20/22) China - Japan BIT (1988) ICSID ICSID Investment: Investments in a large-scale property development project.

Summary:
Investments in a large-scale property development project. Discontinued China Japan Tertiary: F - Construction 41 - Construction of buildings Kaufmann-Kohler, G. - President

Sapiro, M. - Claimant

Tomka, P. - Respondent (replaced)

Knieper, R. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) dated 10 September 2021 None None None None None None
5 2019 Yu Song v. China Jason Yu Song v. People's Republic of China (PCA Case No. 2019-39) China - United Kingdom BIT (1986) Data not available PCA Investment:

Summary:
Pending China United Kingdom Data not available Data not available Cheng, T. - President

Paulsson, J. - Claimant

Willems, J. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
6 2017 Hela Schwarz v. China Hela Schwarz GmbH v. People's Republic of China (ICSID Case No. ARB/17/19) China - Germany BIT (2003) ICSID ICSID Investment:

Summary:
Pending China Germany Secondary: C - Manufacturing 10 - Manufacture of food products Bethlehem, D. - President

Ziadé, N. - Claimant

McLachlan, C. A. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
7 2017 Surfeit v. China (Taiwan) Surfeit Harvest Investment Holding Pte Ltd v. Republic of China (Taiwan) Singapore - Taiwan Province of China EPA (2013) UNCITRAL PCA Investment:

Summary:
Pending China Singapore Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available Data not available Data not available Data not available Pending Data not available Data not available None None None None None
8 2014 Ansung Housing v. China Ansung Housing Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/14/25) China - Korea, Republic of BIT (2007) ICSID ICSID Investment: Capital expenditure of over USD 15 million for the development of a golf and country club in China.

Summary: Claims arising out of the provincial government's alleged actions in relation to Ansung's investment in the construction of a golf and country club and luxury condominiums in Sheyang-Xian, Jiangsu province.
Capital expenditure of over USD 15 million for the development of a golf and country club in China. Decided in favour of State China Korea, Republic of Tertiary: F - Construction

Tertiary: L - Real estate activities
41 - Construction of buildings

68 - Real estate activities
Pryles, M. C. - Claimant

Thomas, J. C. - Respondent (replaced)

van den Berg, A. J. - Respondent

Reed, L. - President
100.00 mln CNY (16.30 mln USD) Data not available Data not available None - jurisdiction declined Award dated 9 March 2017 None None None None None None
9 2011 Ekran v. China Ekran Berhad v. People's Republic of China (ICSID Case No. ARB/11/15) China - Malaysia BIT (1988)

China - Israel BIT (1995)
ICSID ICSID Investment: Rights under a 70 year lease over 900 hectares of land in the Chinese province of Hainan held by Ekran Berhad's local subsidiary.

Summary: Claims arising out of the Government's revocation of claimant's subsidiary rights to a leasehold land due to an alleged failure to develop the land as stipulated under local legislation.
Rights under a 70 year lease over 900 hectares of land in the Chinese province of Hainan held by Ekran Berhad's local subsidiary. Settled China Malaysia Tertiary: L - Real estate activities 68 - Real estate activities Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Secretary-General dated 16 May 2013, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2021 Alpene v. Malta Alpene Ltd v. Republic of Malta (ICSID Case No. ARB/21/36) China - Malta BIT (2009) ICSID ICSID Investment: Indirect shareholding of 100% in Pilatus Bank plc, through wholly-owned Pilatus Holding Ltd.

Summary: Claims arising out of the Government’s taking of control of Pilatus Bank, a bank owned by the claimant, and the revocation of its banking licence, among other alleged acts of mistreatment and discrimination by government officials.
Indirect shareholding of 100% in Pilatus Bank plc, through wholly-owned Pilatus Holding Ltd. Pending Malta China Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available Data not available Data not available Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures
Pending Data not available Data not available None None None None None
2 2021 Everyway v. Ghana Beijing Everyway Traffic and Lighting Technology Company Limited v. Republic of Ghana China - Ghana BIT (1989) Ad hoc None Investment: Contract with the Ministry of Roads and Highways for the engineering and installation of a traffic management system in Accra.

Summary: Claims arising out of the Government’s cancellation of a contract with the claimant to install an intelligent traffic management system, including alleged non-payment for works conducted by the claimant.
Contract with the Ministry of Roads and Highways for the engineering and installation of a traffic management system in Accra. Pending Ghana China Tertiary: F - Construction 43 - Specialized construction activities Brekoulakis, S. - President

Rajah, V. K. - Claimant

Oppong, R. - Respondent
55.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause
Pending Data not available Data not available None None None None None
3 2021 Qiong Ye and Jianping Yang v. Cambodia Qiong Ye and Jianping Yang v. Kingdom of Cambodia (ICSID Case No. ARB/21/42) ASEAN - China Investment Agreement (2009) ICSID ICSID Investment:

Summary:
Pending Cambodia China Tertiary: J - Information and communication 61 - Telecommunications Data not available Data not available Data not available Data not available Pending Data not available Data not available None None None None None
4 2021 Wang v. Finland Wang Jiazhu v. Republic of Finland China - Finland BIT (2004) UNCITRAL Data not available Investment:

Summary:
Pending Finland China Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Data not available Data not available Data not available Data not available Pending Data not available Data not available None None None None None
5 2020 Min v. Korea Fengzhen Min v. Republic of Korea (ICSID Case No. ARB/20/26) China - Korea, Republic of BIT (2007) ICSID ICSID Investment: Shareholding in Pi Investment Co. Ltd (“Pi Korea”), a real estate company.

Summary: Claims arising out of the forced sale of the claimant’s shares in a local real estate company by Woori Bank, a South Korean bank allegedly controlled by the Government.
Shareholding in Pi Investment Co. Ltd (“Pi Korea”), a real estate company. Pending Korea, Republic of China Tertiary: L - Real estate activities 68 - Real estate activities Glick, I. - President

Drymer, S. L. - Claimant

McRae, D. M. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending Decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 18 June 2021 None None None None None None
6 2020 Wang and others v. Ukraine Wang Jing, Li Fengju, Ren Jinglin and others v. Republic of Ukraine China - Ukraine BIT (1992) Data not available Data not available Investment: Shareholding in PJSC Motor Sich, a manufacturer of aircraft engines.

Summary: Claims arising out of the State authorities’ alleged actions to freeze the claimants’ acquisition of shares in aerospace company Motor Sich.
Shareholding in PJSC Motor Sich, a manufacturer of aircraft engines. Pending Ukraine China Secondary: C - Manufacturing 30 - Manufacture of other transport equipment Data not available 3500.00 mln USD Data not available Data not available Pending None None None None None None None
7 2019 Jetion and T-Hertz v. Greece Jetion Solar Co. Ltd and Wuxi T-Hertz Co. Ltd. v. Hellenic Republic China - Greece BIT (1992) UNCITRAL None Investment:

Summary:
Discontinued Greece China Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability None None None None None None None
8 2018 Zhongshan Fucheng v. Nigeria Zhongshan Fucheng Industrial Investment Co. Ltd. v. Federal Republic of Nigeria China - Nigeria BIT (2001) Data not available Data not available Investment:

Summary:
Decided in favour of investor Nigeria China Tertiary: F - Construction 42 - Civil engineering Neuberger, D. - President

Gearing, M. - Claimant

Oguneso, R. - Respondent
Data not available 55.70 mln USD Arbitrary, unreasonable and/or discriminatory measures

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures
Final Award dated 26 March 2021 None Judicial review by national courts Discontinued (Judicial review by national courts) None None None
9 2017 Sanum Investments v. Laos (II) Sanum Investments Limited v. Lao People’s Democratic Republic (II) (ICSID Case No. ADHOC/17/1) China - Lao People's Democratic Republic BIT (1993) ICSID AF ICSID Investment: Majority shareholding in the Savan Vegas Hotel and Casino.

Summary: Claims arising out of the Government’s actions allegedly in breach of a settlement agreement concluded by the claimant and Lao Holdings N.V. with the Government in 2014.
Majority shareholding in the Savan Vegas Hotel and Casino. Pending Lao People's Democratic Republic China Tertiary: I - Accommodation and food service activities

Tertiary: R - Arts, entertainment and recreation
55 - Accommodation

92 - Gambling and betting activities
Kalicki, J. E. - President

Reichert, K. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
10 2014 Beijing Urban Construction v. Yemen Beijing Urban Construction Group Co. Ltd. v. Republic of Yemen (ICSID Case No. ARB/14/30) China - Yemen BIT (1998) ICSID ICSID Investment: Rights under an agreement concluded between claimant and the Yemeni civil aviation and meteorology authority for the construction of an airport terminal.

Summary: Claims arising out of the alleged forced deprivation of claimant's assets and contract concerning a project for the construction of an airport terminal in Sana'a.
Rights under an agreement concluded between claimant and the Yemeni civil aviation and meteorology authority for the construction of an airport terminal. Settled Yemen China Tertiary: F - Construction 41 - Construction of buildings Townsend, J. M. - Claimant

Douglas, Z. - Respondent

Binnie, I. - President
114.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 31 May 2017

Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 7 June 2018
None None None None None None
11 2012 Ping An v. Belgium Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) Company of China, Limited v. Kingdom of Belgium (ICSID Case No. ARB/12/29) BLEU (Belgium-Luxembourg Economic Union) - China BIT (1984)

BLEU (Belgium-Luxembourg Economic Union) - China BIT (2005)
ICSID ICSID Investment: Largest shareholding in the Belgian-Dutch financial institution Fortis.

Summary: Claims arising out of the Government's bailout, and subsequent nationalisation and sale to a third party, of the financial institution in which the claimants had invested, in the context of the 2008 financial crisis.
Largest shareholding in the Belgian-Dutch financial institution Fortis. Decided in favour of State Belgium China Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Collins, L. - President

Williams, D. A. R. - Claimant

Sands, P. - Respondent
871.00 mln EUR (960.60 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Direct expropriation

Most-favoured nation treatment
None - jurisdiction declined Award dated 30 April 2015 None None None None None None
12 2010 Beijing Shougang and others v. Mongolia Beijing Shougang Mining Investment Company Ltd., China Heilongjiang International Economic & Technical Cooperative Corp., and Qinhuangdaoshi Qinlong International Industrial Co. Ltd. v. Mongolia (PCA Case No. 2010-20) China - Mongolia BIT (1991) UNCITRAL PCA Investment: Rights under a mining licence.

Summary: Claims arising out of the cancellation of licenses held by the claimants in the Tumurtei iron ore mine in 2012.
Rights under a mining licence. Decided in favour of State Mongolia China Primary: B - Mining and quarrying 7 - Mining of metal ores Tomka, P. - President

Donovan, D. - President (replaced)

Banifatemi, Y. - Claimant

Clodfelter, M. A. - Respondent
Data not available Data not available Indirect expropriation None - jurisdiction declined Award dated 30 June 2017 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Opinion and Order, United States District Court Southern District New York dated 19 November 2019 (Judicial review by national courts)

Judgment of the United States Court of Appeals for the Second Circuit dated 26 August 2021 (Judicial review by national courts)
None None
13 2007 Tza Yap Shum v. Peru Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6) China - Peru BIT (1994) ICSID ICSID Investment: Majority shareholding in a Peruvian company engaged in the purchase and export of fish flour to Asian markets.

Summary: Claims arising out of the seizure of the bank account of claimant's enterprise due to tax debt and other alleged actions undertaken by Peruvian tax authorities that resulted in the substantive deprivation of claimant's investment.
Majority shareholding in a Peruvian company engaged in the purchase and export of fish flour to Asian markets. Decided in favour of investor Peru China Secondary: C - Manufacturing 10 - Manufacture of food products Kessler, J. L. - President

Otero, H. - Claimant

Fernández-Armesto, J. - Respondent
71.50 mln PEN (25.80 mln USD) 0.78 mln USD Indirect expropriation Indirect expropriation Decision on Jurisdiction and Competence dated 19 June 2009

Award dated 7 July 2011
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 12 February 2015 (ICSID annulment proceedings) None Hascher, D. - President

McRae, D. M. - Member

Williams, D. A. R. - Member