The Studies Of Ping Belgian Investment Arbitration Case

Overseas Investment protection is always opening up our country, an important step in the implementation of "going out" strategy. How comprehensive and effective protection, it has been the focus of attention. China Ping An extremely Belgian investment arbitration representative and exemplary in the current situation large. First, this is the Chinese investor initiative to bring large amounts of investment and arbitration, China has also been interpreted as a positive use of international investment arbitration mechanism in the dual perspective background of an exemplary case; second, involving a wider scope, the policy responses to cases involving financial crisis is reasonable, the host country the right to issue financial regulation, fair and equitable treatment and so on, to reach the forefront of issues of international investment arbitration system; third, China Ping An Group investor mistakes and shortcomings in the preparation process. Based on this three points, combined with China’s actual situation existing in this simple case Comment.Among them, the first part introduces the background of the case, the background and the entire case is divided into two rulings starting point of the whole article, ask questions, safe investment arbitration case against Belgium in a few controversial.The second part is mainly to analyze for the tribunal’s decision. Mainly into three parts, the first of which focuses on a small part of the relevant circumstances "ICSID Convention" jurisdiction, the main types include by-case examination and approval authority, the principle of exhaustion of local remedies and other means. The second is based on a small part of the current practice of bilateral agreements signed between China’s current Foreign(BITs), introduced a manner acceptable to our current and changing trends. The third part is focused on a small description and analysis of the arbitral tribunal in the controversial part.The third part describes the situation safe Arbitration arbitration proceedings. It is divided into three small portions. Wherein the first part introduces the small pre-arbitration procedures.; The second part introduces small response measures suggested third small part has been introduced under the ruling out of the situation, improve the safety of relief response and feasibility analysis.The fourth part is focused on the reality of the process. From the perspective of international law analysis of the status quo of overseas investment and the difficulties and risks encountered. Combining the characteristics of actual overseas investment analysis features of our faces political risks, draw on relevant national systems overseas investment risk prevention, domestic and international law on two levels discusses countermeasures. Provide feasible methods to guard against the risk of overseas investment, and thus safeguard the interests of overseas investment. For how to improve our system of legal protection of overseas investment put forward reasonable proposals, which the establishment and improvement of Chinese enterprises overseas investment legal mechanism, will undoubtedly have a positive and practical significance.