The Problem Of Treaty Shopping In International Investment Arbitration

In recent years,the development of international investment plays an increasingly important role in reshaping global economic environment,which lead the development of international investment law and investment policy as well.There are a large number of International investment treaties(IIAs)have been concluded,which will continue to increase in high speed,including Bilateral Investment Treaties(BITs)and investment-chapter-included-FTA(Free Trade Agreement).IIAs is used to clarify the rights and obligations,the protection of the interests of international investors,especially in granting international investors the right to bring the arising dispute to international investment arbitration,which plays an important role in protecting the international investors.However,the IIAs grant too much rights to the international investors.International investors get the rights which they should not had through designing equity structure,such as round-trip investments way.Abusing IIAs has caused problems which restricts the host country practicing national policies and management measures,causing bad effect on national sovereignty.International investment arbitration mechanism also has many problems,such as treaty shopping.Many countries have held a denial attitude to international investment arbitration,and take various measures to deal with it.Calvo doctrine is too radical,which totally veto the international investment dispute settlement mechanism and international investment arbitration.Nowadays,against the background of the not entirely convincing judicial system in developing countries,Calvo doctrine only makes the contradiction between investors and host countries back to the original point.Only relying on the signed BIT terms is not helpful.BITs are regarded as a conservative form of dispute resolution mechanism,which cannot reform the whole system.Many countries began to adopt the improvement method of limiting treaty applicable scope,such as India.After failing in series international investment arbitrations,India reviewed signed international investment agreements,and finally decided to change the future of international investment policy.This article is divided into four chapters.The first chapter is "Treaty shopping in international investment arbitration".This chapter introduce the concept and content of Treaty Shopping.The second chapter is "The international arbitration cases about treaty shopping and the influence".This chapter analyzes different attitude and views of arbitral tribunal in international investment arbitration cases about treaty shopping.The third chapter is about "The selection of treaty in international investment arbitration".This chapter introduces three treating measures towards the clause.The fourth chapter is "The suggestion of our country to deal with the Treaty Shopping".