Most BITs are generally limited to adjudicating routine investor disputes, however China has gone on record to negotiate the BIT with "high standards" indicating that it will include all stages of investment and all sectors.
This is the first time China has agreed to do so with any country. The US would benefit from increased access to the Chinese market, particularly in the service sector where it maintains a competitive advantage. China could benefit from more consistent treatment of its investors inside the US in addition to benefiting from access to US workplace productivity tools and technologies inside China to improve its productivity and economic efficiency.
According to US Treasury Secretary Jack Lew, the agreement could, for the first time, include all phases of investment, including market access, and sectors of the Chinese economy (except for limited negotiated exceptions).?
"A high standard US-China BIT is a priority for the United States and is critical to leveling the playing field for American workers and businesses.? A successful BIT negotiation would open up China's highly restrictive system to foreign investment and help create a wide range of opportunities for US firms to participate in the Chinese market. Negotiations could address a range of US commercial and economic priorities, including greater market access, removal of investment barriers, protections against technology transfer, and increased transparency."
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