Regarding the ongoing international ISDS reform, it was difficult for China to take a position at the early stage. But China participates actively in the current UNCITRAL work on the reform of the ISDS. Although China does not have much experience in the ISDS, its experience in the WTO dispute settlement may provide some hints, references and lessons for its position toward the UNCITRAL work. China clearly supports the establishment of a permanent appellate body based on a multilateral treaty in its submission to the UNCITRAL. Moreover, China’s rich experience in its domestic mediation institution and a hybrid of “arbitration-mediation” model may be its unique contribution to the ISDS reform.

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A Chinese Perspective of the ISDS Reform

  • Huiping Chen

摘要

Regarding the ongoing international ISDS reform, it was difficult for China to take a position at the early stage. But China participates actively in the current UNCITRAL work on the reform of the ISDS. Although China does not have much experience in the ISDS, its experience in the WTO dispute settlement may provide some hints, references and lessons for its position toward the UNCITRAL work. China clearly supports the establishment of a permanent appellate body based on a multilateral treaty in its submission to the UNCITRAL. Moreover, China’s rich experience in its domestic mediation institution and a hybrid of “arbitration-mediation” model may be its unique contribution to the ISDS reform.