Jurisdiction(s):
United Kingdom

Key definition

Investment definition

What does Investment mean? In practice, investment describes an asset or bundle of rights committed in a host state with the aim of generating a return. In investor-state work, the operative definition is treaty-specific: most bilateral investment treaties (BITs) and the Energy Charter Treaty use broad, asset-based lists covering, where applicable, tangible and intangible property located in the territory, shareholdings and other equity interests, contractual rights (including concessions), intellectual property, and loans or claims to money, subject to stated carve-outs. The ICSID Convention does not define investment; tribunals assess jurisdiction by the treaty text and case law, commonly considering a contribution of resources,...

China: Foreign Investment and National Security Review Regimes – Scope, Triggers, Procedures, Enforcement and 2024–2025 Developments

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Practice notes

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1. What is the applicable legislation?

The principal rules overseeing foreign direct Investment (FDI) in China are the Foreign Investment Law of the People’s Republic of China 2019 (FIL 2019) together with its Implementing Regulations, both in force from 1 January 2020. These instruments superseded the former ‘Three FIE Laws’, which had separately regulated equity joint ventures, contractual joint ventures and wholly foreign-owned enterprises. FIL 2019 creates a single, coherent legal regime for inbound investment and brings in a ‘Pre-establishment National Treatment and Negative List’ approach, replacing the earlier approval-led model run by the Ministry of Commerce (MOFCOM). Under this regime, projects not on the ‘Negative List’ are treated on the same footing as domestic investment, while entries on the list remain subject to stated restrictions or bans. A companion ‘Catalogue of Encouraged Industries for Foreign Investment’ identifies sectors eligible for favourable treatment.

Two additional administrative measures sit alongside FIL 2019:

Measures for Reporting of Information on Foreign Investment 2019 (effective 1 January 2020), setting out post-establishment reporting duties for foreign-invested enterprises; and
Provisions on the Merger and Acquisition of Domestic Enterprises by Foreign Investors (revised 2009), which continue to govern foreign M&A transactions.

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Web page updated on 27/05/2026

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