A Study On The Paths Of China's State-owned Enterprises Overseas Dispute Settlement

The title of this paper is “A Study about the Paths of China's State-owned Enterprises Overseas Investment Dispute Settlement”,mainly to explore the problem of overseas' investment disputes settlement.State-owned enterprises are investors in international investment.State-owned enterprises' overseas investment disputes are special,involving the host country's sensitive interests.International investment field strengthens the regulation of state-owned enterprises' investment.China's state-owned enterprises have played an important role in overseas investment.In recent years,the practice of international investment law has strengthened the regulation of state-owned enterprises' investment,mainly through the national security review system and the principle of competition and neutrality,which have become the legal reasons of state-owned enterprises overseas investment disputes increase.In view of the characteristics and causes of the state-owned enterprises' overseas investment disputes,the author discusses the advantages and disadvantages of four routes,international arbitration,international justice,host country relief,diplomatic protection.And make suggestions for China to deal with state-owned enterprises' foreign investment dispute settlement.This article mainly deals with the four aspects of state-owned enterprises' overseas investment disputes settlement: introduce about paths of China's state-owned enterprises' overseas investment disputes settlement;international arbitration in China's state-owned enterprises' overseas investment disputes settlement;other paths in China's state-owned enterprises' overseas investment disputes settlement beside international arbitration;suggestions about paths choice in China's state-owned enterprises' overseas investment disputes settlement.The first part of article is to introduce paths of China's state-owned enterprises' overseas investment disputes settlement,refer to the concept of state-owned enterprises' foreign investment disputes,particularity of state-owned enterprises' foreign investment disputes,and classify ways of China's state-owned enterprises overseas investment disputes settlement.Compared with the private enterprises' investment disputes,the particularity of China's state-owned enterprises overseas investment disputes is related to the definition of state-owned enterprises,the sensitive interests of the host country,the complexity of dispute' content,diverse risks of investment.The legal reasons for the occurrence of in state-owned enterprises' overseas investment disputes mainly refer to the lack of state-owned enterprises' corporate governance,the obstruction of national security review system and the regulation of competitive neutral policy.The second part discusses the international arbitration paths in China's state-owned enterprises overseas investment disputes settlement.Combining with state-owned enterprise' investment cases,analyze advantages and disadvantages of international arbitration.International arbitration is developing an important path in international investment dispute settlement dispute settlement,but international arbitration have disadvantages in entity and procedure.The third part mainly discuss other paths in China' state-owned enterprises overseas investment dispute settlement,involving international justice,host country relief,diplomatic protection.Through the interpretation of cases involving state-owned enterprises,discussed the international arbitration issues.In the international judicial aspects,discuss the development of the International Investment Court,and combine state-owned enterprises to discuss the foreign investment disputes settlement.The fourth part puts forward some suggestions about paths choice in China's state-owned enterprises overseas' investment disputes settlement,referring to domestic and foreign aspects.At the national level,recommend that the state-owned enterprises be classified and transparent;at the international level,recommend that take participation in creating international rules of state-owned enterprises.In this section,the author analyzes the “Canada-EU comprehensive economic and trade agreement”,“cross-Pacific partnership agreement” state-owned enterprise terms to explore rules of state-owned enterprises' overseas investment disputes settlement.