Research On Chinese Investor-host Country Dispute Settlement Mediation Rules

With the increasing downward pressure on the international social economy,the risk of international investment has also been increasing.There has been a sharp increase in disputes between foreign investors and host countries.Although there are many systems involved in adjusting disputes in the field of international investment,these systems are mainly traditional investment dispute settlement mechanisms dominated by Western countries,reflecting the struggle and compromise of specific regions or countries under the tide of globalization,which can not fully meet the various international laws in the current international environment.Therefore,it is necessary to explore and demonstrate more perfect dispute settlement methods on the basis of studying existing dispute settlement mechanisms,so as to better promote the development of international investment and facilitate the capital flows in China.Proper settlement of international investment disputes is the guarantee to maintain normal relations between sovereign countries,to maintain the good investment environment of the host country,to safeguard the legitimate rights and interests of both parties and to promote the healthy development of bilateral cooperative relations.As a non-litigation method of dispute settlement,mediation means that it is under the help of third parties,the parties to a dispute can distinguish right from wrong,which also clear up misunderstandings and reach agreement to settle disputes on the basis of mutual understanding and compromise.Mediation has a unique value of benefit and harmony which can save the cost of dispute settlement,stabilize the cooperative relationship and provide a one-time opportunity for the parties to settle disputes either.By analyzing the types of dispute settlement system in China's investment treaties,this paper studies the specific texts under which mediation rules and conciliation rules are to be applied;Through the comparative analysis of the text,this paper puts forward some suggestions to construct the rules of international investment mediation,which can be selected as reference rules of commercial conciliation.At the same time,it focuses on improving the judicial function of conciliation,probes into the applicable ways of conciliation rules,and improves the fairness and implementation of conciliation procedures.What's more,the suggestions on the construction of force rules are also put forward.This paper studies the international investment agreements signed by China,and analyses the feasible path for China to improve and perfect the mediation rules,trying to find a possible way toconstruct the mediation mechanism under the current legal framework of international investment.