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China's International Investment StrategyBilateral, Regional, and Global Law and Policy$
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Julien Chaisse

Print publication date: 2019

Print ISBN-13: 9780198827450

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198827450.001.0001

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Implementing Investor–state Mediation in China’s Next Generation Investment Treaties

Implementing Investor–state Mediation in China’s Next Generation Investment Treaties

Chapter:
(p.504) 27 Implementing Investor–state Mediation in China’s Next Generation Investment Treaties
Source:
China's International Investment Strategy
Author(s):

Shu Shang

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198827450.003.0028

This chapter discusses the possible proposal of implementing an investor–state mediation mechanism in China’s next generation IIAs, especially for disputes where the Chinese state will be acting as the Respondent. It first discussed the rise of mediation in international commercial and business dispute settings and mediation’s potential applications in resolving investor–state claims. It then discussed the background of recent rise of ADR in China and why that might lead to the adoption of an investor–state mechanism in the country’s future BITs, and how such a mechanism shall be devised. At the end, it wrapped up the discussion by arguing that rather than returning to political means of settling investor–state disputes, the recent rise of interest-based investor–state mediation indicates the benevolent interaction between parties as they become more experienced with investment treaty claims.

Keywords:   Mediation, ADR, BIT, foreign direct investment, investor–state dispute settlement, multinational enterprises

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