A Study On The Disputes Settlement Mechanism Of Bilateral Investment Treaties Between China And Africa

Africa is an important investment market. However, because ofrecently political turmoil, African countries bring more political risks toChinese investors. In order to promote and protect bilateral investment,China and African countries signed bilateral investment treaties. Bilateralinvestment treaties are the basis of developing investment and settlingdisputes for investors. Following the increase of Chinese investment andexpansion of investing scale, it is needed to study and analyze the disputessettlement mechanism of BITs between China and Africa in order to protectlegitimate interests of Chinese investors, improve African environment forinvestment and develop African economy to achieve win-win relationship.This paper firstly introduced the overview and framework of bilateralinvestment treaties between China and Africa. From the treatment,expropriation, compensation and other basic articles, the first part analyzedthe characteristics and pointed out the questions which may lead toinvestment disputes. Focusing on analysis of disputes settlement provisionsof the BITs, the second part summarized several ways to settle the disputesbetween investors and the host country, indicated some flaws and disadvantages in these provisions, and then proposed advises to improvethe BITs. In the last part, this paper analyzed the special arbitral tribunal andinternational centre for settlement of investment disputes, including thearbitration rules, composition, scope, applicable law and etc. Comparing thesimilarities and differences between these two kinds of arbitral tribunal, itconcluded that arbitration was the best choice to settle bilateral investmentdisputes and needed to perfect.