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Author	Mr Rixin (Bill) HUANG
Organisation/Institution	China University of Political Science and Law (CUPL)
Country	CHINA
Panel	International Investment Law
Title	Beyond Confrontation: The “Mobilizing Power” of MDBs and Regional Integration in Asian Investment Dispute Governance
Abstract	Investor-State Dispute Settlement (ISDS) is increasingly criticized for its asymmetrical and confrontational nature, which may even potentially undermine bilateral cooperation. It also challenges the long-discussed goal of “investment protection,” which should prioritize promoting the “investment”, rather than merely a rigid protection. The tension between these goals poses a significant challenge for regional integration and investment governance, creating uncertainty for both States and investors, while deferring legitimate regulatory actions by governments. Despite the world’s highest density of International Investment Agreements (IIAs) in Asia, the region exhibits a cultural preference for “settlement” over adjudication. Existing debates on ISDS reform often overlook the non-legal “mobilizing power” of Multilateral Development Banks (MDBs) as a primary force in dispute settlement. Asia’s MDBs, institutions such as the Asian Development Bank (ADB) and Asian Infrastructure Investment Bank (AIIB), are empowering Asia’s rise by actively shaping a new regional regulatory framework. They achieve the goal not through formal ISDS, but by leveraging their financing power, project loan covenants, and independent accountability mechanisms (AMs) to “dissolve” potential disputes before the escalation, thereby promoting shared compliance standards for both government and private sector recipients. A comparative analysis of the global AMs’ procedural designs, case outcomes, and the World Bank’s Performance Standards reveals that, unlike in other regions, MDBs’ financing activities operate largely independent of the ISDS mechanisms in Asia. The MDBs in Asia may serve as the role of accountability supervisor, rule maker, conflict moderator, and amicus curiae, fostering a non-confrontational governance model by integrating a region-specific framework to address both potential and existing disputes with more sustainable and cooperative approaches. This model strikes a balance between investor protection and the host state’s right to regulate, providing a viable alternative to the zero-sum confrontation of traditional ISDS.
Biography	Rixin (Bill) HUANG, Ph.D. candidate in International Economic Law at China University of Political Science and Law (CUPL), with research preferences on international investment law, international dispute settlement, and multilateral development banks (MDBs) studies. As a young practitioner of international law, actively participated in multiple theoretical studies and practical explorations, with a recent focus on economic sanctions, procedural mechanisms in international dispute settlement, and corporate social responsibility issues. As one group member of a major Chinese SOE research project for China’s overseas SOEs investment dispute settlement, work towards a consolidated and comprehensive solution for infrastructure, investment disputes, and MDBs. Served as an on-site research assistant at the World Bank: IFC in Washington, D.C., mainly responsible for analyzing the investment impacts of infrastructure construction in Africa and researching the compliance framework for international investment and South-South cooperation. Also served as a research assistant at a ministry-level national financial regulatory department in China, working to combine government regulation and global disputes. During the course of research, once received the Youth Paper Award at the China International Economic Law Society (CIELS) Annual Conference, and also participated in major conferences hosted by organizations such as the World Bank, the Asian Infrastructure Investment Bank (AIIB), and the Asian Development Bank (ADB). During the earlier undergraduate studies, was sponsored to participate in international moot court competitions in Tokyo, Baku, and Washington, D.C., and was awarded the Global Championship in the 2023 “Manfred Lachs” International Space Law Moot Court Competition.