Country

Year

Text

Netherlands

2001

Article 10(2): An investor may decide to submit a dispute to a competent domestic court. In case a legal dispute concerning an investment in the territory of the People’s Republic of China has been submitted to a competent domestic court, this dispute may be submitted to international dispute settlement, on the condition that the investor concerned has withdrawn its case from the domestic court.

Germany

2003

Protocol to the Agreement:

6. To Article 9: With respect to investments in the People’s Republic of China an investor of the Federal Republic of Germany may submit a dispute for arbitration under the following conditions only: … (c) in case the issue has been brought to a Chinese court, it can be withdrawn by the investor according to Chinese law.

Finland

2004

Article 9.3: An investor who has submitted the dispute to national court referred to in paragraph 2 (a) of this Article may nevertheless have recourse to one of the Arbitral Tribunals mentioned in paragraph 2 (b) and 2 (c) of this Article, if the investor has withdrawn his case from national court before judgement has been delivered on the subject matter. In that case the Contracting Party to the dispute shall agree to the submission of the dispute between it and investor of the other Contracting Party to international arbitration in accordance with this Article.

Switzerland

2009

Article 11 (4): A dispute that has been submitted, in accordance with paragraph (2), to a competent court of the Contracting Party concerned, may only be submitted to international arbitration after withdrawal by the investor of the case from the domestic court.

Canada

2012

Annex C.21: Conditions Precedent to Submission of a Claim to Arbitration: Party-Specific Requirements

Where the claim concerns a measure of China:

2. An investor who has initiated proceedings before any court of China with respect to the measure of China alleged to be a breach of an obligation under Part B may only submit a claim to arbitration under Article 20 if the investor has withdrawn the case from the national court before judgment has been made on the dispute. This requirement does not apply to the domestic administrative reconsideration procedure referred to in paragraph 1.