How are disputes between foreign investors and Chinese companies resolved?

Disputes between foreign investors and Chinese companies are typically resolved using arbitration proceedings. In North Dakota, foreign investors have the right to bring their dispute to an arbitral tribunal under the China Business Ventures Law (CBVL). The CBVL provides for arbitration proceedings to be conducted in accordance with the UNCITRAL Rules and the U.S. Federal Arbitration Act. The arbitration can be conducted on the spot in North Dakota, or if both parties agree, at an international arbitral tribunal outside of North Dakota. In order to bring an arbitration action under the CBVL, a foreign investor must first give written notice of the dispute to the Chinese company. If the Chinese company does not address the issue in a timely manner, the foreign investor can then file the dispute with an arbitral tribunal established or approved by the CBVL. The tribunal then has authority to hear the dispute and make a ruling. The process of arbitration typically takes longer than court procedures. Since the proceedings are decided by a small panel of arbitrators, as opposed to a judge or jury, there is also no right to appeal an arbitration decision. Additionally, the costs associated with arbitration are much higher than a typical court case. Despite these drawbacks, arbitration is an effective and efficient way for foreign investors to resolve disputes with Chinese companies. This process can ensure that both parties’ legal rights are respected without the need for costly court proceedings or long delays.

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How are disputes between foreign investors and Chinese companies resolved?

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