Agreement Between the Government of Canada and the Government of the People's Republic of China for the Promotion and Reciprocal Protection of Investments

The Government of Canada and the Government of the People's Republic of China (the “Contracting Parties”),

Recognizing the need to promote investment based on the principles of sustainable development;

Desiring to intensify the economic cooperation of both States, based on equality and mutual benefit;

Have agreed as follows:

Part A

Article 1

Definitions

For the purpose of this Agreement,

Part B

Article 2

Scope and Application

Article 3

Promotion and Admission of Investment

Each Contracting Party shall encourage investors of the other Contracting Party to make investments in its territory and admit such investments in accordance with its laws, regulations and rules.

Article 4

Minimum Standard of Treatment

Article 5Endnote 3

Most-Favoured-Nation Treatment

Article 6Endnote 4

National Treatment

Article 7

Senior Management, Boards of Directors and Entry of Personnel

Article 8

Exceptions

Article 9

Performance Requirements

The Contracting Parties reaffirm their obligations under the WTO Agreement on Trade-Related Investment Measures (TRIMs), as amended from time to time. Article 2 and the Annex of the TRIMs are incorporated into and made part of this Agreement.

Article 10

Expropriation

Article 11

Compensation for Losses

Investors of one Contracting Party who suffer losses in respect of covered investments owing to war, a state of national emergency, insurrection, riot or other similar events, shall be accorded treatment by the other Contracting Party, in respect of restitution, indemnification, compensation or other settlement, no less favourable than it accords in like circumstances, to its own investors or to investors of any third State.

Article 12

TransfersEndnote 7

Article 13

Subrogation

Article 14

Taxation

Article 15

Disputes between the Contracting Parties

Article 16

Denial of Benefits

Article 17

Transparency of Laws, Regulations and Policies

Article 18

Consultations

Part C

Article 19

Purpose

Without prejudice to the rights and obligations of the Contracting Parties under Article 15, this Part establishes a mechanism for the settlement of investment disputes.

Article 20

Claim by an Investor of a Contracting Party

Article 21

Conditions Precedent to Submission of a Claim to Arbitration

Article 22

Submission of a Claim to Arbitration

Article 23

Consent to Arbitration

Each Contracting Party consents to the submission of a claim to arbitration in accordance with the procedures set out in this Agreement. Failure to meet any of the conditions precedent provided for in Article 21 shall nullify that consent.

Article 24

Arbitrators

Article 25

Agreement to Appointment of Arbitrators

For the purposes of Article 39 of the ICSID Convention and Article 7 of Schedule C to the Additional Facility Rules of ICSID, and without prejudice to an objection to an arbitrator based on a ground other than citizenship or permanent residence:

Article 26

Consolidation

Article 27

The Non-Disputing Contracting Party: Documents and Participation

Article 28

Public Access to Hearings and Documents

Article 29

Submissions by a Non-Disputing Party

Article 30

Governing Law

Article 31

Interim Measures of Protection and Final Award

Article 32

Finality and Enforcement of an Award

Part D

Article 33

General Exceptions

Article 34

Exclusions

Article 15 and Part C of this Agreement do not apply to the decisions set out in Annex D.34.

Article 35

Entry into Force and Termination

IN WITNESS WHEREOF, the duly authorized representatives of their respective Governments have signed this Agreement.

DONE in duplicate at ________________________ , this ______ day of ___________________ 2012, in the English, French and Chinese languages, all texts being equally authentic.

______________________________
FOR THE GOVERNMENT
OF CANADA

 

______________________________
FOR THE GOVERNMENT
OF THE PEOPLE’S REPUBLIC
OF CHINA

Annex B.8

Exceptions

Annex B.10

Expropriation

The Contracting Parties confirm their shared understanding that:

Annex B.12

Transfers and Exchange Formalities

With regards to China:

Annex C.21

Conditions Precedent to Submission of a Claim to Arbitration: Party-Specific Requirements

Where the claim concerns a measure of China:

Annex C.29

Submissions by Non-Disputing Parties

Annex D.34

Exclusions

Date Modified: