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Originally from Alternatives to the High Cost of Litigation

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The enforcement of investor-state arbitration awards is a critical component of arbitration, representing its ultimate goal. This process, however, often faces challenges due to sovereign immunity.

With the enactment of the Law of the People’s Republic of China on Foreign State Immunity, or FSIL, on Sept. 1, 2023, China has made a significant shift from the doctrine of absolute immunity to limited immunity. 

This law, which took effect on Jan. 1, 2024, is China’s first specialized legislation addressing the sovereign immunity of foreign states. This article aims to analyze the enforcement of investment arbitration awards in China from two perspectives, shaped by the FSIL.