Abstract

Abstract 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.

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