Investment Arbitral Awards in China—With Additional Discussions on Nature of China's Notification Under Washington Convention Article 25(4)

The key of the settlement of investment disputes between the foreign investors and the governments depends largely on the enforceability of the international arbitral awards that mediate the disputes. And the jurisdiction of the arbitration is the prerequisite to enforce the awards. According to Washington Convention Article 25, the jurisdiction of the arbitration tribunal relays on the agreement of both sides of the disputed. When signing the Washington Convention, China also sent a notification to ICSID to exclude issues out of arbitration, which is hugely controversial in academics of its qualification as a reservation of the Treaty and its efficacy. The author believes that the case of Saipem litigate. Bangladesh in 2007 can serve as a precedent for China to interpret the so-called "Umbrella Clause".