porno Chinese Law | China: Canada and China Negotiate Investment Treaty
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Canada and China Negotiate Investment Treaty

Q: What is recent progress on the bilateral investment treaty in discussion between China and Canada:

A: Declaration of Intent  was signed on February 8, 2012, by Canada’s Minister of International Trade and Minister for the Asia-Pacific Gateway, and the People’s Republic of China’s Minister of Commerce, which indicates that the substantive negotiations between the countries on a bilateral investment treaty (BIT)have come to a close.

Q: What is effect of the recent progress on the bilateral investment treaty in discussion between China and Canada:

A: When it comes into force, the Canada-China, it will facilitate a secure environment for investors from both countries, and increase bilateral foreign direct investment (FDI) flows between Canada and China.

Q: What is the scope of the BIT?

A:

i. The twin pillars of non-discrimination: national treatment and most-favored-nation treatment;

ii. Minimum standard of treatment;

iii. transparency;

iv. transfers of funds; and

v. rules regulating the expropriation of investments.

vi. grant investors access to “investor-state” dispute settlement arbitration. Investor-state dispute resolution regimes typically feature detailed rules on standing, procedural requirements and enforcement.

Q:  Other points in discussion

A:

• dispute resolution provisions generally remain different from those in the Canadian model FIPA.

• FDI protections once the investment has been established.

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