Reform On Iternational Investment Arbitration Mechanism

With the development of investment treaty arbitration cases are rising, highlights the importance of international investment arbitration mechanism. But due to lack of predictability and consistency of the arbitration award, the arbitration of international investment arbitration procedure is not transparent, and the international investment arbitration award for the host country’s sovereignty and the challenge of public interest and so on because of the particularity of investment dispute the main body, the relevant entity terms and conditions of the fuzzy or missing, program terms and conditions of disadvantage,international investment arbitration mechanism is faced with a number of crisis. Based on the analysis the international investment arbitration mechanism present stage of democratic crisis,crisis of legitimacy, social value and the performance of the causes on the basis of the research, led by the United States, some countries started from different levels of the investment entity of domestic law and international law and arbitration procedure rules reform,and began to appear in a series of investment treaty reforms.This paper respectively from the international investment arbitration mechanism two aspects, rules of procedure and entity rules relevant to today’s international society based on the theory research and practice of reform measures and the possibility and necessity of the implementation of related measures are discussed in this paper. Rules of procedure of the reform proposals involve: scope, the jurisdiction of the international investment rules on transparency, combined with seven aspects of the trial, the pre-trial, pre law, liability of arbitrators and the appeal mechanism. The substantive rules reform proposals include:investment treatment standard., expropriation clause, the exception clause.