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20 - China and Investor-State Dispute Settlement

Experiences and Prospects

from Part V - China and Investment Governance

Published online by Cambridge University Press:  14 September 2023

Henry Gao
Affiliation:
Singapore Management University
Damian Raess
Affiliation:
University of Bern
Ka Zeng
Affiliation:
University of Arkansas
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Summary

The past decade has witnessed a growing number of investor-state arbitration (ISA) cases based on China’s bilateral investment treaties (BITs). Given that China hosts many BITs that allow ISA and is a leading state in investment-exporting and investment-importing, China and its investors are likely to face more ISA cases. China’s ISA cases are not substantively different from others, but they give rise to a few systematic issues, relating to the applicability of Chinese BITs in the special administrative regions (SARs), state-owned enterprises (SOEs), and the interpretation of typical BIT provisions. China’s position paper on investor-state dispute settlement (ISDS) reform suggests that it prefers ISA as a major ISDS option and supports the inception of a WTO-style appeal mechanism for ISDS. China’s position is based on its ISA and WTO litigation experiences and conforms to its development strategy.

Information

Type
Chapter
Information
China and the WTO
A Twenty-Year Assessment
, pp. 468 - 489
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

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