Study On The Settlement Of Investment Dispute Between Chinese Investors And Countries Along "The Belt And Road"

Since 2013,Chinese companies have made significant investments in countries along the Belt and Road,covering a wide range of areas such as infrastructure,energy and trade in services.However,due to the great differences in the level of economic development of the countries along the Belt and Road,the "Belt and Road" brings a lot of challenges inevitably.Most obviously,the overseas investment of Chinese investors facing more and more international investment disputes.Therefore,in order to effectively solve the investment disputes arising between Chinese investors and the countries along the Belt and road,it is necessary to deeply analyze the shortcomings of the existing international investment dispute settlement mechanism,and on this basis,accelerate the upgrading of the investment dispute settlement mechanism,and finally break through the cage of the old investor-host country investment dispute settlement mechanism,Realize the innovation of the new mechanism.In view of this,this article takes the "Belt and Road" as the background,divided into three chapters to the Chinese investor-host country investment dispute settlement mechanism of the improvement and innovation research,based on the first introduction of Chinese investors and the "Belt and Road" along the country investment dispute basic situation,and then introduce the limitations of the existing investment dispute resolution mechanism,Finally,the paper discusses the logical order of establishing a new investment dispute settlement mechanism,and studies the settlement of investment Disputes between Chinese investors and host countries under the "Belt and Road" initiative.The first chapter introduces the general situation of investment disputes between Chinese investors and countries along the Belt and Road.This chapter briefly introduces the launching process of the Belt and Road Initiative and the investment opportunities and investment risks faced by countries along the belt and Road,trying to summarize the investment of Chinese investors along the "Belt and Road" countries.The second chapter mainly introduces the internal state litigation,Chinese and foreign bits,Chinese and foreign FTAs,ICSID arbitration and other investment dispute settlement methods applicable to the countries along the "Belt and Road",and emphatically analyzes the limitations of these dispute resolution methods,which is intended to lead to the thirdchapter of this paper,to improve and construct a new investment dispute settlement mechanism.The third chapter is the innovation of this paper,this chapter in the second chapter discusses the limitations of the existing investment dispute settlement mechanism,thinking about the "one Belt,One Road" initiative under the construction of new investment dispute resolution mechanism and put forward their own suggestions.First of all,this chapter discusses the necessity and feasibility of constructing a new investment dispute settlement mechanism,and then puts forward the basic idea of constructing a new investment dispute settlement mechanism,such as setting up a permanent dispute settlement institution based on the AIIB,using the non-judicial dispute resolution method as a pre-procedure for judicial settlement,setting up appeal mechanism and implementing safeguard mechanism,etc.,the article puts forward some suggestions on how to make the transition from the existing investment dispute settlement mechanism to the new mechanism.