The Evolving Landscape of ISDS and the Possible Interactions of Chinese Arbitration with International Investment Arbitration

Presentation

ISDS is undergoing significant transformation globally. This is marked by efforts to increase transparency and consistency, to rebalance investor protections with the state’s right to regulate, and to explore multilateral reforms, including the potential establishment of a permanent investment court. China is actively engaging with these trends through modernization of its investment treaties and, most notably, support the reform of ISDS with pronounced position.

The revised Chinese Arbitration Law is enacted in March of 2026. The law adopts many “best practices” in line with international trend and, for the first time, allows domestic arbitration institutions to administer international investment arbitration cases based on treaties or party agreements. Chinese institutions, such as SHIAC, have expanded the scope of case acceptance under their administered rules from commercial disputes to investment disputes. Among these, several have gone further by adopting specialized rules tailored specifically to investment disputes.

Looking ahead, what is the likely trajectory for international investment arbitration? Furthermore, can the revision of Chinese Arbitration Law be leveraged into a strategic advantage for Chinese arbitration institutions? The panel will examine the evolution of the Investor-State Dispute Settlement (ISDS) system and Chinese arbitration institution’s strategic response by inviting experienced ISDS arbitrators, SHIAC arbitrators, senior case management heads from institutions, and relevant potential ISDS users to share their professional insights from their respective perspectives.

**Guest speakers are listed alphabetically by last name, not in speaking order.