Abstract

China has concluded a large number of international investment agreements (IIAs), many of which include investor-State arbitration (ISA) clauses. These clauses can be divided in three types: narrow, broad and special ISA sections, each providing different admissibility requirements on disputes for ISA. While narrow ISA clauses allow disputes involving the amount of compensation for expropriation to be submitted to ISA, broad ISA clauses and special ISA sections generally allow a wider range of disputes for ISA. The evolution of the ISA clauses shows China’s shifting attitudes towards ISA from ‘cautious’ to ‘proactive’. Such shift seems in favor of ISA and investors, but the impact of this shift remains to be seen.

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