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Landmark ICSID victory for the People’s Republic of China

Landmark ICSID victory for the People’s Republic of China

A&O Shearman, acting as co-counsel with the Ministry of Commerce, represented the People’s Republic of China (PRC) in an ICSID (International Centre for Settlement of Investment Disputes) investment treaty arbitration brought by German company Hela Schwarz GmbH (Hela Schwarz). In a final award dated December 10, 2025 (published on January 15, 2026), the Tribunal dismissed all of Hela Schwarz’s claims, worth over EUR90 million, on jurisdiction and merits grounds.

The dispute arose from a major mixed‑use redevelopment project in Shandong province. Hela Schwarz commenced the ICSID arbitration in 2017, alleging that the PRC had unlawfully expropriated land use rights held by its subsidiary during the redevelopment and, consequently, breached the PRC’s obligations under the PRC-Germany bilateral investment treaty (BIT). Hela Schwarz made these allegations despite its subsidiary already having been offered compensation by the local government in accordance with local laws and consistent with the treatment of others impacted by the redevelopment.

Ending more than eight years of proceedings and following multiple rounds of written submissions and a five-day hearing held in London in December 2022, the Tribunal’s final award dated December 10, 2025 confirmed that the PRC complied with its investment treaty obligations. The Tribunal dismissed Hela Schwarz’s claims in full on jurisdiction and merits grounds.

“This is a landmark result. We are proud to have represented the PRC in one of its first investment treaty matters. It is a testament to the strength of A&O Shearman’s investment treaty practice in Asia and internationally.”

“We are pleased that the Tribunal reached the right result following a complex and hard-fought arbitration”.

The A&O Shearman team was led by Singapore partner Emmanuel Jacomy and Hong Kong partner Edward Taylor, supported by Singapore senior associate Eric Li.

More details of this case can be found here.

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