State immunity and arbitration in China
Produced in partnership with Fangda Partners
Practice notesState immunity and arbitration in China
Produced in partnership with Fangda Partners
Practice notes
This Practice Note summarises the position taken by the People's Republic of China (PRC) (China) on state immunity. For a general introduction to state immunity and Arbitration, see Practice Note: State immunity and arbitration—general considerations. For Practice Notes on state immunity in a number of jurisdictions around the world (including England and Wales), see our ‘State immunity’ subtopic: State immunity and arbitration—overview.
Note: Chinese and Hong Kong court judgments referred to in this Practice Note are not reported by LexisNexis® UK.
Note : this Practice Note is currently under review by its authors in light of the adoption by China of the Foreign State Immunity Law (FSIL), which took effect from 1 January 2024, and which has moved China from the doctrine of absolute immunity to the doctrine of restricted immunity as far as foreign states are concerned.
State immunity—definition, concepts and approaches
State immunity (often referred to as sovereign immunity) is a concept of public international law that describes relationships involving sovereign states, often invoked by states or state-owned enterprises (SOEs) in jurisdictional challenges
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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?
Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.
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