| 摘要: |
| 当前中国企业对外投资面临的主要风险之一为东道国征收风险,因此对征收风险寻求救济至关重要。对外投资风险的救济途径主要为投资保险和投资仲裁,尤以投资仲裁为主。本文针对ICSID仲裁中有关中国对外投资的案例,讨论与分析征收风险中涉及的相关法律问题和应对措施。 |
| 关键词: 中国对外投资 征收风险 间接征收 风险救济途径 |
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| Legal Analysis on the Risk of Expropriation in Chinese Outbound Investment |
| SUN Nan-shen,WANG Xi |
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| Abstract: |
| The risk of expropriation is one of the major risks faced in outbound investment from Chinese enterprises. It’s therefore of significance to resort remedies against the risk of expropriation. Both investment insurance and investment arbitration are two major approaches against the risk in outbound investment, especially the latter approach. Aiming at the dispute cases with Chinese outbound investment heard by ICSID, the article makes discussions and analyses on legal problems and dealing measures with the risk of expropriation. |
| Key words: Chinese outbound investment risk of expropriation indirect expropriation approaches of remedies against risks |
