Research Of The ISDS Of “B&R”

With the "The Belt and Road" strategy to promote the deepening,along the country appeared a round of investment boom,but due to differences between countries along the level of economic development and the social and economic system,there is bound to lead to a large number of investment disputes,for the investment disputes,has not yet established a mutually beneficial,fair and efficient dispute settlement mechanism.In today’s world of international investment arbitration mechanism is the main ICSID,ICSID as an international leader in the field of investment disputes,because for investor state dispute settlement path creative praise for the people of the world,but the system itself is not perfect,including jurisdiction into the attitude of investors,increasing the tendency and the many problems in the definition of fuzzy processing The acceptance of ICSID along the countries along the line is also low,and the direct application of the mechanism is not conducive to the settlement of investment disputes along the countries along the line.As the mainstay Chinese Belt and Road Initiative strategy,are facing severe challenges,how to protect China enterprises in the process of going out to escort,and effectively protect the interests of the enterprise Chinese in China is in the primary problem relates to "The Belt and Road international investment disputes should be considered in the solution,at the same time as China Belt and Road Initiative strategy the initiator,its vision is not limited to their own interests,but also take more responsibility,which must take justice as the basic value,promote mutually beneficial and win-win The Belt and Road along the country,play a leading role in the construction of" The Belt and Road "International Investment Dispute Settlement mechanism.This paper mainly through the analysis of the existing international investment dispute settlement mechanism,combined with the case and related theory,tries to put forward to the existing international investment dispute settlement mechanism reform proposals,and further prospect of constructing "The Belt and Road international investment dispute settlement mechanism.This article is divided into six parts: the first part introduces the background of the problem.First analyzes the importance of "The Belt and Road" strategy,followed by the analysis of the countries along the international investment dispute settlement of the status quo,and finally analyze the necessity and feasibility of establishing "The Belt and Road" investment dispute settlement mechanism.The second part to the fifth part discusses the key issues in the field of international investment dispute settlement.The second part mainly discusses the problem of institutional setting.This part mainly focuses on the selection of arbitrators and the appellate institutions.The third part is the problem of jurisdiction,in the case of ICSID,analyzes the necessary conditions of the jurisdiction and the relationship between the host country and the relief problem.The fourth part is the application of the law,and discusses the relationship between domestic law and international law,and analyzes the typical cases.The fifth part discusses the validity of the arbitral award,mainly discussing the relationship between the international arbitration award and the domestic trial supervision,as well as the relationship between the public order.The last part is the summary and may set up a "The Belt and Road" dispute settlement mechanism of international investment outlook,summarize the settlement mechanism on the existing international investment dispute earlier in the future,"The Belt and Road provide enlightenment.