Research On China-Canada BIT Investment Dispute Resolution Mechanism

At present, China has signed more than 100 bilateral investment treaties. As the latest coming into force of the bilateral investment treaties, China-Canada BIT reflects the country shifts from a capital importing country into an importing-exporting country. China-Canada BIT investor-state disputes settlement mechanism reflects the latest trends of the investor-state dispute settlement mechanism. Compared with other BIT's investor-state dispute settlement mechanism, China-Canada BIT could provide reference for China-America BIT, China-European BIT and other BITs our country will sign.China-Canada BIT's investor-state dispute settlement mechanism possess the characteristics of reciprocity, inheritance and uniqueness. The core part of the chapter is the balance between the investor and the host country. Compared with BITs we signed in the past, China-Canada BIT is unique in the following parts. The first is the jurisdiction. When the definition of investors and investments of BITs in the past we signed has expanded, the definition of investors and investments of China-Canada BIT have limited expansion to some extent. It has different stipulation in the principle of exhaustion of local remedies. The second is the transparency. Being different from BITs we signed in the past, China-Canada BIT add not only provisions of the participation of non-disputing parties and the non-disputing contracting party, but also the provisions of public access to hearings and documents. It increases the transparency of the investor-state dispute settlement mechanism to a large extent.The last chapter is the foothold and aim of the thesis. The author summarizes four reference we can learn from China-Canada BIT investor-state dispute settlement mechanism.First, we must adhere to the stance of developing countries; second, to clarify the substantive law provisions, such as the fair and equitable treatment, national treatment etc; Third, to limit the expansion of the jurisdiction from clarifying definitions of investment and investor, applying local remedies principles; finally, to enhance investment transparency in the investor-state dispute settlement mechanism from non-disputing parties, the non-disputing contracting parties, confidential information provisions.