CYIL vol. 9 (2018)

ANRAN ZHANG

CYIL 9 ȍ2018Ȏ

4. Conclusion The Czech Republic and China share the same interests with regard to their BFI. Both countries are eager to promote the FDI flows. The BFI between the two countries raises several challenges in respect of the FDI policy and legal concerns. From an FDI policy perspective, it is necessary that both states have mutual trust in BFI in order to achieve the common goals of growing their economies. From a legal perspective, although there has been no ISDS case between the Czech Republic and China, both sides may face potential challenges. On the basis of the available ISDS practice from both sides, the jurisdictional provisions of the successive BITs and the legal standing of the SOEs bring legal challenges. A practical review of the ISDS practice helps the investor of one state to understand the potential challenges it may face in the host state.

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