Reseach On Disputes Arbitration Setttlement For Overseas Investment Of Chinese Companies

In recent years,more and more countries have applied for arbitration from investors to the International Investment Dispute Settlement Center(ICSID)to settle their foreign investment disputes.Although there are still many problems in the current international investment arbitration system,ICSID still has many advantages over other dispute settlement methods.Moreover,if the investment disputes are settled by domestic law,then There will be another imbalance: domestic courts may show excessive respect for the interests of the host country while ignoring the protection of the interests of foreign investors.In the face of the development of China's "one belt and one way" overseas strategy,China will inevitably have investment disputes with the host country in the process of actively developing foreign investment,which will lead to the damage of the legitimate rights and interests of Chinese investors.How can we use the ICSID arbitration mechanism to protect the legitimate rights and interests of China's foreign investment? How to use ICSID arbitration mechanism to improve China's foreign investment dispute arbitration settlement mechanism? This is the problem we need to solve at present.This paper chooses the case of "Beijing Urban Construction v.Yemen Government" handled by ICSID in 2014 as the breakthrough point.The first part elaborates the basic case,the second part deeply analyses the disputes,legal basis,treatment results and existing legal problems of both parties in case arbitration,and makes a comprehensive analysis of their causes,characteristics and legal consequences.In the third part,aiming at the abovementioned problems,drawing on the existing laws and practical experience of foreign countries,on the one hand,from the expansion of ICSID jurisdiction,on the other hand,from the confirmation of expropriation at home and abroad,the author puts forward his own suggestions on how to improve the arbitration mechanism of foreign investment disputes,and provides effective arbitration solutions for Chinese investors when they encounter investment disputes,in order to further improve China's foreign investment protection system.