A Study On The Settlement Mechanism Of Overseas Investment Disputes In China

Integration of the world economy and the international investment liberalization has become an irreversible trend. China has played an indispensable role in the world economy. In recent years, China’s foreign investment has been showing rapid growth trend. China Commerce Department’s data in January16,2014showed that China’s actual use of foreign investment grew5.25%and foreign direct investment grew16.8%. During the rapid development of China’s overseas investment, Chinese investors are facing the increasing foreign investment disputes. If such disputes are not solved properly, it will seriously damage the interests of foreign investors in China and restricting the development of China’s overseas investment. However, there are many defects and deficiencies in China’s existing foreign investment dispute settlement system, it will ignore the protection of Chinese overseas investment. Therefore, how to rebuild a reasonable system of Chinese overseas investment dispute settlement system has become a very pressing issue. The author will comparing the international dispute settlement systems and putting forward the concrete ideas for rebuilding Chinese overseas investment dispute settlement system.Overseas investment represents, a period of time, the expected capital gains generated by the future will be able to produce capital and equity capital according to the course of the functions of capital flows between different countries. Overseas investments can be divided into foreign direct investment and indirect foreign investment. Overseas Investment Disputes are often mainly caused by overseas investment foreign investment disputes and contract disputes arising from the contract because of outside caused. Its solutions are mainly resolved by way of bilateral treaties, multilateral treaties solutions and ways to resolve by1CSID. In China, there are more than three ways of overseas investment dispute settlement. But in practice, there are many problems, which should be improved in systematic, dynamic and international principles. Specifically, China’s BITs dispute settlement pattern should establish their own BITs template implementation distinction in the area of investment disputes; multilateral treaty settlement pattern of investment disputes should be depoliticized, clear arbitration rules, consider the establishment of a permanent arbitral tribunal; against ICSID use, the right to consent to an arbitration system to improve and strengthen the ICSID mechanism for understanding and research.This thesis includes four parts:Part one is a brief account of the dispute of overseas investment; Part two is the analysis about traditional investment dispute settlement; Part three is the analysis of the system of the dispute settlement for Chinese overseas investment; Part four is about the construction of system of dispute settlement for Chinese overseas investment.