On Investment Arbitration Mechanism In Energy Charter Treaty

Energy problem has become one of the important research projects in the international cooperation and security, which according to the number of disputes and conflicts caused the energy problem is more and more, attract more and more attention, so, according to the above these conditions, it needs to have appropriate dispute resolution mechanism to solve these problems. Dispute settlement mechanism of the energy in this way, more attention to some of the resolution mechanism is not yet mature, generally in the second world war, mainly under the background of power operation, safeguard the interests of the imperialism, with the gradually development of society, the contradictions and disputes more and more complicated, the disputes settlement mechanism already cannot satisfy the more and more problems, makes the have to have a unified legal documents to specification. So, the energy charter treaty came into being. In this paper, we study the energy charter treaty on international energy investment dispute arbitration mechanism is applicable and the enlightenment to our country, it mainly introduced including the meaning and particularity of energy investment disputes, the history of the energy charter treaty and the legal framework, including the contracting states, between investors and investment disputes between states parties to solve energy under the program and other international treaties and the application of the investment dispute settlement mechanism, and on the energy charter treaty energy investment disputes in the process of application of arbitration clause in the solution of problem to make a legal theory, and then through the latest case (yukos case) to explore the applicable significance. Finally, the paper based on the analysis on the present situation of Chinese international energy investment, combined with the dynamic of the development of international energy investment disputes, and learn the other countries in the energy charter treaty practices and attitude, especially some of the so-called power, make the enlightenment to China as well as to the energy charter treaty on international energy investment dispute arbitration mechanism, puts forward the idea of the construction of the legal issues.