On The Application Of ADR In The International Investment Dispute Settlement Mechanism

With the development of international society and economic after World War II,international investment is growing frequently,as well as the increasing disputes.Meanwhile the research on the investment disputes develops in deeper way.So far,most of researchers focus on the international investment dispute settlement system itself,such as the new trend,new challenges of the dispute settlement system,and how to improve the defect of the current dispute settlement system.As for the research of ADR,they often focus on current situation of ADR in domestic or proposing some suggestions on improving the dispute settlement system based on the lessons from the development of ADR overseas.Professor Fan Yu is the representative.Yet,only few of them combined the two,i.e.ADR and the international investment dispute settlement system.Some of them combined the DSB in WTO with ADR,focusing on the dispute between countries,which is lack of representativeness as the subjects in international investment dispute cover the countries and other entities.Therefore,this paper takes the dispute between investor and state as object of study form the perspective of the international investment dispute settlement system,trying to introduce the ADR in it while demonstrating the necessity and the feasibility.This paper,adopting the method of document research,empirical analysis and comparative analysis,first demonstrates the concept and characteristics of ADR and the international investment dispute settlement system,and elaborates the necessity of introducing ADR into the dispute system from the perspective of the defect of the current dispute settlement system and the unique advantages of ADR in solving disputes,followed by the feasibility of introducing,finally propose the new idea about solving the investment disputes by ADR based on the situation of China in involving the international investment dispute settlement.