Study On The Mechanism Of China's Bilateral Investment Treaty,ISDS

With the development of economic globalization,international investment activities become more active,and disputes between host countries are increasing.In the case where international arbitration dispute settlement is widely approved in bilateral investment treaty,more investors tend to use the international arbitration dispute settlement mechanism.The increase of the arbitration cases has exposed some of the drawbacks of international arbitration procedures,which have led to the imbalance between the protection of investors and the host country's domestic interests,and many countries have begun to question the ISDS mechanism.China's changes in international investment status,as well as arbitration cases involving Chinese government or overseas investors,have forced us to revisit the ISDS mechanism under the bilateral investment treaty signed by China.This paper attempts to summarize the shortcomings of the ISDS mechanism in China's foreign bilateral investment treaty through the analysis of the arbitration award or arbitration procedure involved in the typical cases such as the Ping An v.Belgian Arbitration Case and the Korean Ansung Housing Co.,Ltd.v.People's Republic of China,including the impact of the terms of the transition clause on the application of the arbitration,the setting of the arbitration clause and the imbalance of the interests of the investor's host country,and put forward some suggestions on the establishment of the ISDS arbitration clause and the way to actively explore the remedies of the international arbitration procedure.Future negotiations or re-signed bilateral investment treaty,give full consideration to China's position in the international investment in the opportunities brought about by the challenges and challenges,to better achieve investor protection and the effective balance of national interests.The first part introduces the general situation of bilateral investment treaty and its basic legal framework,and introduces the ISDS mechanism in bilateral investment treaty including the development process and significance analysis of this mechanism.The second part analyzes the ISDS mechanism in China's bilateral investment treaty,mainly from the investor host country dispute settlement model,that is,the way in which the investor's host country dispute settlement in the bilateral investment treaty and the operation platform and the rules of the ISDS mechanism and its rules ISDS arbitration clause and other aspects of China's bilateral investment treaty in the ISDS mechanism analysis.The third part chooses the typical arbitration cases involving our government and overseas investors,analyzes the content of the controversy and the content and process of the arbitration award,and points out the existing problems of the ISDS mechanism in China's bilateral investment treaty.The fourth part puts forward some suggestions on the existing problems of ISDS mechanism in China's bilateral investment treaty,which is mainly from three aspects: the transition clause of the old and new agreements,the arbitration clause in the dispute settlement mechanism and the remedial way of the arbitration procedure.