ABSTRACT

This chapter seeks to describe the issue of State-owned enterprises (SOEs) in the China–European Union Comprehensive Agreement on Investment negotiations from a Chinese perspective and to contextualize the discussion of cin the changing landscape in international investment treaties and the relevant arbitration practice. The role of SOEs has been minor in the era of investment-driven globalization, and the situation began to change only after the financial crisis. Despite SOEs frequently acting as claimants in commercial arbitration, SOEs as claimants in investment arbitration are less common, which would involve more complex issues as well. The close connection between Chinese SOEs and the Chinese government has generated increasing concerns. A higher level of transparency requirement in management and corporate governance would be helpful to eliminate concerns that SOEs could be tools to pursue political objectives. The debate about the issue of SOEs partly reflects the divided position between Western countries and developing countries.