Title：The Gradual Application of Investor-State Dispute Settlement — A Review of Cases on International Investment Arbitration Involving China

Authors：Zhengyi Zhang, Sisi Du

Abstract：As a crucial part of international investment law practice, Investor-State Dispute Settlement (ISDS) has attracted wide attention from sovereign states and investors. In recent years, the number of ISDS cases involving China has gradually increased. Meanwhile, China also participates in the practice of ISDS as a respondent. As both the host and home state, China is gradually transforming from passive participation in ISDS to active usage of the mechanism as a result of its participation in international investment arbitration. The experience of China-related international investment disputes shows that China should further take the initiative to grasp the trend of diversification of jurisdictional proof requirements and effectively strengthen the application of the prevailing rules for the interpretation of international treaties. It should also timely revise the provisions of the dispute settlement text of investment treaties and actively participate in the formulation of current rules on multilateral investment issues.

Keywords：Investor-State Dispute Settlement (ISDS), Host State, Home State, Arbitral Award, Multilateral Investment Reform