Study On The Issues Of Transparency In International Investment Arbitration

In the international investment arbitration,arbitration insists on the principle of confidentiality,emphasizes the protection of the private interests of investors,and ignores the protection of the public interest in the host country,which greatly damages the interest of the host country,triggering the international community to question the impartiality of arbitration.The international community calls for the reform of the investment arbitration mechanism to increase the transparency of the arbitration procedure.The investment arbitration rules of transparency first appear in the North American Free Trade Agreement,and the amicus curiae is established through the practice,then the International Center for Settlement of Investment Disputes and United Nations Commission on International Trade Law revise the rules of arbitration to increase the transparency of the rules,all of these have promoted the development of international investment arbitration mechanism.The development of transparency in investment arbitration has effectively protected the public interest in arbitration,but it also brings some problems,the reform of transparency of international investment arbitration seriously weakens the characteristics of arbitration and restricts the agreement between the parties to the dispute,expands the power of the arbitration tribunal and the degree of transparency in the degree of development is not same,the provisions are fuzzy,not clear.Therefore,the international community should correctly understand the reform of transparency,strengthens cooperation between the international community and the reform of arbitration institutions,formulates reasonable and specific arbitration rules to guarantee the development of international investment arbitration mechanism successfully.On the issue of investment arbitration transparency,China must adhere to the correct attitude toward the issues of transparency investment arbitration,support the reform of the transparency of investment arbitration actively,participate in the development of arbitration rules actively at the same time,and participate in the development of the world economic rules,to win the right to speak in the world economic order for our country.The article is consisted of four parts,the first part introduces the contents of the transparency of international investment arbitration firstly,followed by the United Nations Commission on International Trade Law's Rules on Transparency,the International Investment Dispute Resolution Center of the arbitration rules and the North American Free Trade Agreement in the transparency of the provisions of the arbitration are described.The second part firstly analyze the arbitration secrecy,thinks that the conflict between the protection of private interest and public interest are the root causes of the existence of the transparency,and that the international community call for requirements of the open,transparent of arbitration are the protection of public interest,this paper analyzes the essence of transparency of investment arbitration from both angles.The third part is the analysis of the transparency of investment arbitration.This paper mainly introduces the problems existing in the transparency of investment arbitration and puts forward the corresponding solutions to the problems of transparency.The fourth part describes China's practice in investment arbitration and its challenges,and puts forward some suggestions for dealing with the above challenges,it is emphasized that China should use the model of bilateral investment in the United States to formulate its own investment model and safeguard its national interests.