Around 1998,China changed its 1SDS mechanism from the conservative model to a modern and liberalized one.To re-balance between the need of regulating foreign investment by host states and the need to protect their investments by foreign investors,China has formulated a balanced ISDS mechanism.Taking into account the increasing number of investment arbitration and the award in its balanced ISDS mechanism,China has drafted its ⅡA clauses cautiously,which redefines the scope of the jurisdiction of arbitral tribunals,limits the scope of the application of MFN clauses on the ISDS mechanism and adds limitation of action.To address the drawbacks of current Chinese ISDS system,China has to negotiate with other states to update its ISDS mechanism,add complaint settling system as well as appealing system and expand the application of the"mediation+arbitration"model to ISDS mechanism.
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