| With the remarkable development of the economic globalization and the international trade liberalization,the disputes caused by international investment become more and more complicated.It’s difficult for the professionals to solve all the problems,under the present investment law system.In order to solve every international investment issues with peaceful manners,the international community has been searching for a better-developed investment law system with high-efficiency.As the most important participants during the whole arbitration process,the impartiality and the independence of the arbitrators will determine the fairness of the final result for the investment arbitration.As the coin has two sides,the rules about the impartiality and the independence of the arbitrators under the present international investment arbitration system can be both helpful and harmful for the protection of the arbitrators’ fairness and independence.The author chose the following international investment agreements and free trade agreements as the discussed material,which are ICSID Convention、UNCITRAL Arbitration Rules、North American Free Trade Agreement、the draft of the Transatlantic Trade and Investment Partnership.Based on the analyses of the abovementioned regulations,the author will discuss about the problems of the present ISDS and how to improve the present system.The article includes three parts.In the first part,the author discriminates the basic concepts in the international investment area,providing the background knowledge for the next part.And the author also gives brief introduction about ICSID Convention、UNCITRAL Arbitration Rules、North American Free Trade Agreement、the draft of the Transatlantic Trade and Investment Partnership.Besides,the author discusses about the advantages and disadvantages of the aforesaid agreements.In the following part,the author analyzes the common problems under the present ISDS mechanism with two classic international investment dispute cases.Then,the article talks about the corresponding suggestions about how to resolve the problems existed in the present ISDS mechanism.In the last part,the author also analyzes the existed problems under the Chinese arbitration law and arbitration rules.What’s more,the author also discusses about what measures China should take to deal with the upcoming international investment challenges. |
