This article discusses the protections available to State-owned entities (SOEs) under investor- State dispute settlement (ISDS) mechanisms in the context of the Belt and Road Initiative, with particular regard to geographical variations in protection, the meaning of ‘investment’ and whether SOEs qualify as ‘investors’. It is based on a speech given by Duncan Matthews QC at the Hong Kong International Arbitration Centre on 8 May 2018.
Asian Dispute Review