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This chapter analyzes the ISDS provisions in China’s fourth-generation investment treaties. It first examines the global backlash against investment arbitration and corresponding ISDS reform efforts (Sect. 4.1). Next, it systematically evaluates the ISDS provisions across China’s first three generations of investment treaties, tracing their evolution and interpretations in arbitral practice (Sect. 4.2). The chapter then shifts to the emerging fourth generation, arguing that despite notable progress, China’s ISDS reform still faces significant challenges. Key aspects include (1) the enhanced ISDS mechanism under recent Chinese investment treaties; (2) China’s proposal for ISDS reform at UNCITRAL Working Group III; and (3) China’s experience in resolving investor-state disputes (Sect. 4.3).

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Investment Protection: Investor-State Dispute Settlement

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  • 发表日期：

    2026年

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  • Junqing Chao

摘要

This chapter analyzes the ISDS provisions in China’s fourth-generation investment treaties. It first examines the global backlash against investment arbitration and corresponding ISDS reform efforts (Sect. 4.1). Next, it systematically evaluates the ISDS provisions across China’s first three generations of investment treaties, tracing their evolution and interpretations in arbitral practice (Sect. 4.2). The chapter then shifts to the emerging fourth generation, arguing that despite notable progress, China’s ISDS reform still faces significant challenges. Key aspects include (1) the enhanced ISDS mechanism under recent Chinese investment treaties; (2) China’s proposal for ISDS reform at UNCITRAL Working Group III; and (3) China’s experience in resolving investor-state disputes (Sect. 4.3).