The Research On The Balance Problem Of The Interests Between The Investors And The Host Countries In International Investment Arbitration

With the continuous development of world economy, the problems in international investment among countries became more and more increased. Especially in recent years, the number of international investment arbitration cases growing fast, revealed the contradiction between foreign investors and host countries are getting worse. Indeed the International Investment Dispute Settlement Mechanism provide a barrier for the interests of investors in investment disputes, but the mechanism itself also exists a lot of problems, including investment dispute settlement mechanism itself is designed to protect the interests of investors, in terms of design itself is too heavy to the protection of investors and increase the host country obligations; and the mode of international investment dispute arbitration also copied a lot from the mode of international commercial arbitration, importance to business interests and easy to overlook the public interest of the host country; and there exists some unclear concepts which lead to the arbitrator’s excessive and wrong interpretation. The existence of these problems has caused the extreme imbalance of the interests of investors and the host country in the international investment dispute arbitration. The research of this paper is through the study of the corresponding measures, to cause the attention of the International Investment Dispute Settlement Mechanism of the host country’s interests to promote the development of the world economy; also from the current position of our country in the world economy, to study the corresponding countermeasures, make our country can better to cope with adverse factors in current international investment arbitration, and to improve the economic status of our country in the world and strengthen the economic strength of our country.