Research On Arbitration Of Overseas Energy Investment Disputes

The two industrial revolutions have brought about fundamental changes in the way in which human society utilizes energy resources,and energy issues have become the focus of attention of the state and society.Since the reform and opening up,with the development of "going out" strategy,China's energy investment activities have become increasingly frequent,and the scope and scale of overseas energy investment activities have reached new heights.In overseas energy investment activities,the disputes caused by investment and development,such as overseas energy investment disputes,are the issues that investors and host countries need to focus on.This is related to whether the investment activities can continue to carry out after the dispute,and how to effectively safeguard their legitimate rights and interests when the legitimate interests of investors are damaged.Therefore,it is necessary to investigate what specific procedures and laws investors can invoke after disputes over overseas energy investment,and to understand the advantages and disadvantages of dispute settlement mechanisms,so as to provide guidance for overseas energy investors to safeguard their legitimate rights and interests.The article consists of four parts.First of all,in the overview section of the overseas energy investment disputes,the specific types of overseas energy investment and the specific causes of disputes are introduced and analyzed.In the category of disputes,various types of disputes arise between investors,investors' home countries,host countries and their local residents,and in the causes of disputes,including political disputes.Risks and legal risks caused by various disputes;in the characteristics of disputes,the study concluded that overseas energy investment disputes have the characteristics of diversified risks,environmental risks gradually increased,market access challenges and so on.In the legal relationship,the relationship involved in the dispute involves many aspects and is quite complex,and the nature of the legal relationship is also burdensome.It includes administrative,civil,commercial and other different situations.Through the study,it is found that when disputes arise from overseas energy investment activities,investors can choose to settle disputes mainly by negotiation,arbitration,local remedies of the host country and diplomatic protection.Most investment disputes are settled by arbitration.ICSID dispute settlement mechanism,including ICSID,SCC and other dispute settlement mechanisms,as a special dispute between investors and the host country,receives more cases than other international arbitration.Therefore,the article chooses ICSID investment arbitration dispute settlement mechanism as a representative to analyze the problems in the practice of solving overseas energy investment disputes.In the practical field of overseas energy investment disputes,ICSID is chosen to settle disputes,mainly on the issues of jurisdiction,qualified investors,transparency and inconsistent adjudication.In terms of jurisdiction,because the provisions of the Washington Convention can be completely clear,and most bilateral investment agreements are not very good.A good coverage gives the arbitral tribunal a higher discretion on this issue;in terms of the definition of investors,there are considerable obstacles to the question of whether they are qualified investors because they are not as detailed as possible;and in terms of transparency,the rules of transparency cannot be good because of the privacy of the arbitration system itself.Among them,there are many uncertainties for investors and the function of amicus curiae can not be brought into full play;in the crisis of inconsistent awards,the existing relief system can not be well corrected because of the lack of appeal and other relief systems,resulting in the arbitration authority of overseas energy investors in the case of inconsistent arbitration awards.To a certain degree of doubt.By studying the dispute settlement mechanism of investment arbitration represented by ICSID,this paper finds out how to effectively resist the various risks brought by the disputes when investors face various risks in overseas energy investment activities.On the protection of overseas energy investors in China,we should adhere to the principles of systematicness and dynamism,comprehensively analyze the shortcomings of the current dispute settlement mechanism,and make efforts to improve the jurisdiction confirmation system,introduce transparency rules and appeal correction mechanism so as to safeguard the interests of overseas energy investors in China.Purpose of safeguard interests.