The Study On The Mechanism Of Investment Dispute Resolution Between China And Myanmar

With the economic globalization and the rapid economic development in China,China has continuously increased the proportion of overseas investment in recent years.China's large-scale enterprises and engineering enterprises have now been involved in the exploration,development,construction and construction of hundreds of overseas projects.As an important source of investment in China,Myanmar is an important destination for implementing the "going out" strategy.For China,long-term and steady investment in Myanmar has far-reaching and special strategic significance.However,the bilateral investment in China and Myanmar is still in its infancy and the relevant legal mechanism is still not perfect.Investors in Myanmar in investment setbacks or disputes,through the Burma BIT,CAFTA provisions on investment dispute settlement,because of its wide range of adjustment,inefficiency and other defects,in most cases does not play the expected security effect.The main task of this paper is to systematize the mechanism of dispute settlement between China and Myanmar.This article will focus on the investors and the host country investment disputes settlement,analyze the existing legal problems in the hope of finding a suitable solution and improvement This is also the significance of this study.This article consists of five parts except the introduction.The first part is an overview of China-Myanmar investment disputes.It briefly introduces the types of investment disputes and the broad prospects for the development of bilateral investment between China and Myanmar and introduces the status quo of the disputes arising from the conflicts between investors and the country in the China and Myanmar investment at the stage of emergence and analysis and the causes of the disputes.The second part is the type of the China and Myanmar investment dispute settlement mechanism.It summarizes and analyzes the current China and Myanmar investment dispute settlement mechanism,mainly from the investment dispute settlement mechanism under the two frameworks.The domestic and international mechanisms include Myanmar and China's domestic laws,China-Myanmar bilateral investment agreement,China-ASEAN FTA investment agreement.After studying the investment disputes between China and Myanmar,the solution mechanisms that can be sought are summarized and refined.The third part is the jurisdiction rules of the China-Myanmar Investment Dispute Settlement Mechanism,which categorizes the jurisdictional rules in the China and Myanmar investment dispute settlement mechanism.Mainly from the jurisdictional institutions,the jurisdictional basis,and the jurisdictional disputes,includes the definition of investment and investors,the exhaustion of local remedies and the general and special provisions of the jurisdiction,and the conclusion of other BITs.Through a comparative analysis of the relevant provisions of the multilateral investment agreement,in order to find problems between the China and Myanmar investment dispute settlement mechanism.The fourth part is the trial rule of the China-Myanmar Investment Dispute Settlement Mechanism.Through the analysis of arbitration rules in the China-Myanmar Investment Dispute Settlement Mechanism,it mainly selects from the arbitration agencies,the legal application of arbitration,and the making of arbitral awards.Discussing the problems in the dispute resolution mechanism.The fifth part is the recognition and implementation of China-Myanmar investment dispute arbitration.This dissertation summarizes the recognition and enforcement of arbitral awards in Myanmar,the recognition and enforcement of arbitral awards in China,and the adjudication and enforcement of ICSID Additional Facility Rules,and discusses the possibility of recognition and enforcement of arbitral awards.The sixth part is the application of the China-Myanmar Investment Dispute Settlement Mechanism.Through the analysis of specific cases of disputes between the investor and the Burmese federal government between China and Myanmar,the existing Myitsone Hydroelectric Power Station has been put on hold.The facts of disputes over a series of BOT projects analyze the limitations of the application of the above dispute settlement mechanism.Based on the above-mentioned issues and the results of comparative analysis,it is concluded that the necessity of perfecting the China-Myanmar investment dispute settlement mechanism needs to be concluded,and a summary of the improvement measures for the China and Myanmar investment dispute settlement mechanism is concluded.