In recent years, the business community in China has been abuzz with talk of various market access “negative lists” — lists of exceptions to what would otherwise be open market access. China has now introduced a new market access negative list for all forms of investment in the country, both
Continue Reading China Moves Forward with Negative List for (Domestic and Foreign) Market Access

As we have written previously, China is engaging in simultaneous bilateral investment treaty (BIT) negotiations with the United States and the European Union. Indications are that the Chinese government is taking these negotiations very seriously. This presents the most significant opportunity for foreign investors in China to influence market
Continue Reading Evaluating Foreign Investment Restraints in China

The United States and China recently concluded two days of high-level talks as part of the sixth U.S.-China Strategic and Economic Dialogue (“S&ED” or the “Dialogue”), which took place in Beijing from July 9-10. The most concrete outcome of this year’s S&ED is the commitment by both sides to reach

Continue Reading Recent Developments in China: S&ED, Shanghai FTZ and BIT Negotiations

This post originally appeared on Investment Policy Central.

A U.S.-China bilateral investment treaty (BIT) will serve as the cornerstone for the bilateral economic relationship between these two economic powerhouses for years to come.  It puts in place important rules that protect U.S. investors against discrimination and arbitrary treatment, with
Continue Reading Why A U.S.-China Bilateral Investment Treaty Matters

Promising advances have been during the past year in negotiation of a bilateral investment treaty (BIT) between the US and China.  Key objectives of the BIT are to accord certain protections to investors and also to ensure that each party will accord to investors and investments of the other party
Continue Reading Progress Towards a US-China Investment Treaty

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee meetings.  Several interesting debates are scheduled to take place.

On Monday, MEPs of the Foreign Affairs Committee (“AFET”) will have an exchange of views with China’s Ambassador to the EU, Ming Zhang.  It is likely that
Continue Reading The Week Ahead in the European Parliament – Friday, September 18, 2020

On Friday, April 14, the U.S. Department of Treasury published a widely anticipated semi-annual report detailing the foreign exchange practices of America’s major trading partners. Although he regularly called for China to be labeled as a “currency manipulator” as a candidate, President Donald J. Trump and his administration declined to
Continue Reading Trump, Xi Kick Off Economic Relationship

The Chinese government makes no secret of the fact that in its view, foreign investment should be consistent with China’s economic development plans and industrial policies. Its ability to administer foreign investment in accordance with industrial policy is aided by the fact that all foreign investment must go through an
Continue Reading Chinese Government Issues 2015 Foreign Investment Catalogue — Effective April 10, 2015