With the flourishing development of the regional trade agreement, disputes between members of regional trade agreement arise. As a sign of territorial jurisdiction in international law, “the exhaustion of local remedies” was an international customary norm, however, under the setting of new regional cooperation, this rule now has been given a time significance. Overseas investment of China was not simple as attracting inbound investment. The problem that the Chinese capital confronting is “going out”. Based on this reality as a problem, new content should be add to “the exhaustion of local remedies” in disputes resolution in regional trade agreement. China should balance between sovereignty, regional and multi-lateral cooperation in the game of the past international customary norms and voice for rule-making in the new development of international economic legal order.