The Research Of Permanent Arbitration Tribunal In The Eu Foreign Investment Agreement

Traditional international dispute settlement agencies,such as the International Center for Settlement of Investment Disputes and the United Nations Commission on International Trade Law gradually face the arbitrariness of arbitrators and the difficulty of correcting mistakes caused by the final decision.As the leader of the world economy,the EU hopes to establish a new mechanism for settling international investment disputes.Therefore,under the background of the "Lisbon Treaty",the EU recuperates the investment rights of EU member states in the EU Parliament and expects to sign new bilateral or multilateral investment agreements with various countries and implement its newly established Permanent Investment Arbitration Tribunal Rules in investment agreements.The EU has now signed the "Free Trade Agreement between the EU and Vietnam" and the "Comprehensive Economic and Trade Agreement" with Vietnam and Canada respectively.The EU also completed negotiations with Singapore on the "Free Trade Agreement between the EU and Singapore" and is actively engaged in negotiations with the United States on the "Transatlantic Trade and Investment Partnership Agreement." The permanent investment arbitration tribunal rules established by the EU include various aspects such as the appointment of a fixed arbitrator,the composition of a new arbitration tribunal,the new administrative organization,jurisdiction,appeals structure and enforcement procedures.This article makes research on the history and specific rules of the Permanent Tribunal of Arbitration,makes theoretical explanations on investment agreements of the EU,and conducts comparative studies with traditional investment dispute resolution mechanisms before commenting on the Permanent Tribunal of Arbitration,in order to study its development path and the future development direction of the World Investment Dispute Resolution Mechanism,and propose proposals for the settlement of investment disputes between China and the EU.The first part of this article mainly introduces the overview of the Permanent Arbitration Tribunal in the EU's Agreement on Foreign Investment.First,it introduces the development history of the EU's dispute settlement mechanism and the impact of the Lisbon Agreement on its development.From the perspective of history,it analyzes the birth background and reasons of the Permanent Investment Arbitration Tribunal.Secondly,it introduces the specific connotation of the permanent investment arbitration tribunal and defines the definition of the permanent investment arbitration tribunal.Finally,it introduces the principle of transparency and information sharing of the permanent investment arbitration tribunal.From the second part to the fourth part elaborate the rules of the EU's Permanent Investment Arbitration Tribunal,and compared with the rules of the International Center for Settlement of Investment Disputes and China's past settlement of investment disputes with EU member states.The second part mainly evaluates the composition of the permanent investment arbitration tribunal,including other organizations such as arbitration tribunals and joint committees.The third section mainly evaluates the jurisdiction of the permanent arbitration tribunal,including appropriate parties and appropriate investments.The fourth part mainly evaluates the specific procedural rules of arbitration,ruling and enforcement of the permanent investment arbitration tribunal.The fifth part is the core and sublimation of this article.It introduces the impact of the EU's Permanent Investment Tribunal on the dispute settlement mechanism in China-EU Bilateral Investment Agreements.It not only includes the analysis of past investment disputes between China and the EU and the negotiation of new investment agreements between China and the EU Process,focusing more on China's attitude toward the standing investment arbitration tribunal and on how China will establish an investment dispute settlement mechanism with the EU and other countries in the world in the future.The rules of the Permanent Tribunal of Arbitration in the EU's Foreign Investment Agreement have been formulated and are being actively applied to all countries in the world.In the future,the EU Permanent Investment Tribunal of Arbitration will continue to improve and promote the better development of the world's investment environment.China needs to assess the situation in the face of this trend,take the essence of the rules of the EU's Permanent Investment Arbitration Tribunal,amend the deficiency,and actively develop the solution of China's foreign investment disputes.