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A Balance between Public Legitimacy Management and Private Efficiency Refinement
from Part III - China, BRI and Investment Dispute Resolution
Published online by Cambridge University Press: 03 March 2021
It looks at the reform of investor–state dispute settlement from the perspective of fast resolution, party autonomy and cost management. It proposes a Chinese perspective on Multilateral Investment Dispute Resolution (MIDR) system of balance between public legitimacy management and private efficiency refinement. The institutional structure of MIDR should be of internal balance, moderating three tensions between state and arbitrator, between investor and host state, and between state and arbitral tribunal during ex ante and ex post process of dispute resolution. The process of establishment of MIDR should be of external balance, moderating tensions between procedure and substance of MIDR, between MIDR and existing institutions, and between legal rights of MIDR stakeholders and political will of leading states.
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