Research On The Fork In The Road Clause In The Investment Dispute Settlement Mechanism

Now with the rapid economic development and area under the background of all the way,appears more and more disputes in international investment in a lot of institutions is to solve international investment disputes and can choose the way of the fork clause as shown earlier,less applicable provisions,in the awkward position in international arbitration and divides the terms of the legislation original intention can't turn around,principle to protect the exhaustion of local remendies,prevent the remedy procedure of multiple parallel,avoid multiple relief damage conception of host country,but in the judicial practice does not show proper role of this article is divided into four parts to study the fork in the road In the first chapter,the characteristics of the concept of fork in the road,the development history and present situation and the existing international dispute settlement mechanism are summarized in chapter two,the classic case applicable to the cross-roads terms are summarized in the third chapter,based on the summary of above analysis,the classic case can draw in the application under the terms of the fork in the road appeared what problem;The fourth chapter is to propose solutions and improvement plans based on the problems mentioned above.Meanwhile,it puts the fork road clause under the background of China's international investment development and proposes countermeasure.