A Study On Investor-state Dispute Settlement Provisions Of BIT In BRICS

Since the financial crisis, the BRICS are actively seeking an economic growth of export-oriented investment strategy in order to alleviate the pressure of economic decline. BRICS have similar economic development background, mutual investment between them will also be increased gradually along with the adjustment of the economic development strategy, the disputes between investors and states will also be growing. The results of this thesis will have great significance in promoting the smooth settlement of investor-state disputes in BRICS.This thesis focuses on the use of comparative analysis and normative analysis to research the investor-state dispute settlement provisions in BRICS’BIT. On this basis, this thesis attempts to points out the problems existing in the relevant clauses and at the same time, puts forward the proposed dispute settlement provisionsAddition to the introduction, this thesis consists of six parts.The first part is “The definition of the investor-state disputes provision among BRICS’BITs”, which studies the type and content of investor-state dispute provisions among BRICS’BITs. By analyzing the theoretical and practical aspects, this part find the problems existing in BRICS’BITs, which is the broad definition of dispute may easily lead to new disputes among contracting parties.The second part is “Investor-State dispute settlement provisions among BRICS’BITs”, which studies the friendly negotiation provisions in BRICS’BITs, analyzes the efficiency characteristics of friendly negotiation provisions to the settlement of disputes. In addition, this part also puts forward the problem of vague provisions about Negotiation time in BRICS’BITs.The third part is “The domestic remedies of dispute settlement among BRICS’BITs”, which studies the investor-state relationship between the exhaustion of local remedies principle and the domestic remedies among BRICS. With the comparison of administrative and judicial settlement provisions in domestic remedies approach, this part put forward that it is necessary for the use of domestic remediesThe fourth part is “The international remedies of dispute settlement among BRICS’BITs”, which studies the specific differences between ad hoc arbitral tribunal and the ICSID arbitration. It also analyzed the advantages and disadvantages of ad hoc arbitral tribunal and ICSID arbitration. On this basis, this part summarizes the trend of the choices of ICSID arbitration and issues that need attention.The fifth part is “The coordination of investor-state disputes settlement provisions in BRICS’BITs”, which studies the actual situation of the BRICS and international investment. By putting forward the specific coordination principles and bases, the relative provisions in BRICS’BITs are coordinated.The sixth part “The proposal provisions of investor-state dispute settlement for BRICS” is the summary and sublimation of the above, which puts forward the proposal provisions of investor-state dispute settlement for BRICS.