Research On The Transparency Clause Of The International Investment Dispute Arbitration Rules

With the communication and cooperation between the countries goes deeper than before,international investment has become one of the most important forms of international trade.And the international investment arbitration gradually develop itself to a vital method for the investor-country's dispute settlement.In order to solve the problem of the public interest risk and crisis of confidence,the major international arbitration institutes in the world gradually change the rules of arbitration.Normally they add the Transparency rules into their rules of arbitration.China is no exception.In the first day of the October,China International Economic And Trade Arbitration Commission issued the Arbitration rules for international investment disputes(phoposed regulation).This Arbitration rules has formed an unique transparency rules system by draw on the experience of major arbitration agencies.From the perspective of clause analysis,this paper adopts the method of legal hermeneutics and comparative study.This paper focuses on the transparency clauses in the arbitration rules for international investment disputes and explores the systematic relevance of the rules.In addition to the introduction and conclusion,this paper is divided into four parts.The first part briefly describes the origin,development and current situation of transparency rules,and focuses on the definition of transparency in investment arbitration based on the transparency rules of the international rules for the arbitration of investment disputes.The second part is the external performance analysis,focusing on the analysis of the three most representative principle clauses in the international investment dispute arbitration rules,including the participation of a third party,the default open trial and the disclosure of arbitration information.From the point of view of the articles,the article will position the rules in the articles,and investigate the motivation of CIETAC to make the rules.In addition,the present regulations and practices on transparency in international mainstream arbitration institutions and arbitration rules are examined,including the international centre for the settlement of investment disputes(ICSID),the United Nations commission on trade law(UNCITRAL)and the Stockholm court of arbitration(SCC).All these arbitrators have arbitration rules,and the arbitration rules have been modified to some extent on the issue of transparency,such as the revision of the ICSID arbitration rules in 2006 and the transparency rules of UNCITRAL which came into effect in 2014.By sorting out and analyzing the transparency rules of major international arbitration institutions,and comparing with the international arbitration rules on investment disputes,this paper aims to investigate the attitude of the international arbitration rules on investment disputes regarding transparency and whether the transparency issues are fully and completely reflected in the provisions.The third part discusses the development trend of transparency rules in China's investment arbitration practice.On the basis of summarizing the above analysis and comparison results,this paper analyzes the development trend of transparency in the process of international investment dispute settlement and the development trend of the international trade arbitration rules on investment disputes.The last part,based on the foregoing conclusions,proposes its existing defects and improvement strategies in accordance with the transparency provisions of the international rules for the arbitration of investment disputes.Through the study of arbitration rules,we hope to put forward some Suggestions that can play a positive role in China's overseas investment or the settlement of disputes between foreign investors and China.Under the background of arbitration as the settlement method of international investment disputes,through the study of the transparency of arbitration rules and the analysis of the development trend,better use of international investment arbitration to resolve investment disputes.Through the development of the settlement of international investment disputes,we will promote the deepening of China's foreign exchanges,enhance China's international status,and contribute to the all-round development of China's political,economic and cultural undertakings.