Research On Arbitration Mechanism Of Permanent Investment Dispute Under CAFTE Upgrade

With the continuous development of the China-ASEAN Free Trade Area and the signing of the negotiating document in November 2015,the foreign investment between China and ASEAN Free Trade Area is also increasing.The increase in investment will inevitably lead to investment friction,How to effectively solve the problem of investment disputes within the region have to face the problem.Although the settlement of investment disputes has long been an agreement on this provision,but its drawbacks are obvious,this article in-depth elaboration of the current dispute resolution mechanism implied the disadvantages at the same time,trying to find a new way to better solve the investment dispute,that Is to establish a permanent investment dispute arbitration mechanism.This paper is divided into five parts: The first part mainly elaborates the background,purpose and significance of this research.In the case of insufficient existing investment dispute settlement mechanism,it is very important to find an investment dispute settlement mechanism which is more suitable for China-ASEAN Free Trade Area.It is very important to establish a permanent investment dispute arbitration mechanism,which can not only solve the free trade area The investment dispute,more important is to give investors to increase investment confidence,the China-ASEAN Free Trade Area forward development has profound significance.The second part mainly elaborates CAFTA's existing investment dispute arbitration mechanism.Respectively,the "dispute settlement mechanism" and "investment agreement" related content,by analyzing its advantages and disadvantages,in the original dispute settlement mechanism on the basis of continuous improvement.The third part of the study of the world's major investment dispute settlement mechanism,especially the state-owned investment dispute arbitration mechanism,in-depth understanding of the major investment dispute settlement mechanism,the advantages and disadvantages of a brief assessment,in improving China-ASEAN Free Trade zone investment dispute settlement mechanism,to avoid weaknesses,whichever is the essence,abandoned its dregs.The fourth part mainly discusses the feasibility and necessity of establishing a permanent investment dispute arbitration mechanism under the background of CAFTA upgrade.The necessity of establishing the arbitration mechanism of the establishment of a permanent investment dispute by analyzing the internal structure and external situation of the China-ASEAN Free Trade Area in terms of necessity,and in terms of feasibility,mainly through the relationship between China and the ASEAN countries Discussion.The fifth part of the author attempts to compare the major international investment dispute arbitration mechanism,thinking about the existing investment dispute settlement mechanism is insufficient to seek a new institutional arrangements.