Discussion On The Recognition And Enforcement Of International Investment Arbitral Awards In China

As the main way to resolve investment disputes between multinational investors and host countries,international investment arbitration has an important impact on safeguarding the interests of host countries,protecting the demands of investors,and building the overall order of international law.In order to truly exert the binding force of international investment arbitration awards,and to ensure that the arbitration results are achieved,the relevant investment arbitration awards must be effectively recognized and enforced by the place where the arbitration is executed.Although our country has joined the Washington Convention,we have concluded a large number of BITS in international investment,but international investment arbitration also requires support for domestic law,especially need to pay attention to international investment arbitration awards in domestic acknowledgment and implementation issues.Therefore,this paper is based on the basic situation of international investment arbitration,and presets the problem of mechanism conflicts may face when recognizing and implementing international investment arbitration awards in our country.For the recognition and enforcement of ICSID arbitral awards,this paper combines the positive feedback according to the requirements of the Washington Convention from other countries,such as domestic legislation,specified institutions,etc.,comprehensively considers the necessity of supporting domestic laws and enforcement procedures for the implementation of investment arbitral awards in our country,demonstrates the feasibility of introducing China International Commercial Courts as executing agencies under the background of the Rule of Law in China and the Belt and Road Initiative,and puts forward the problems of state immunity interference and public order retention in the implementation of ICSID arbitral awards.For non-ICSID investment arbitration awards,this paper analyzes the necessary conditions for the implementation of the decision,demonstrating the problems faced in the enforcement of the decision because it does not fall within the scope of the Washington Convention,and is also combined with the introduction of the application of the New York Convention when our country signed bilateral investment agreements,reflecting the development trend that the radiation scope of the New York Convention has evolved.Since international investment arbitration and commercial arbitration apply different systems,commercial arbitration and investment arbitration cannot be generalized.Based on this,our country needs to make a reasonable expansion and interpretation of the meaning of "commercial reservation",and then try to use international conventions and existing institutions related to commercial arbitration to alleviate the problem of recognition and enforcement of investment arbitration.In addition,this paper also puts forward other suggestions for our country to grasp the reform of recognition and implementation of investment arbitration,and shows the “Chinese attitude” in the field of investment arbitration to the international community in a timely manner,so as to fully promote our country to fulfill the obligations of the convention,safeguard the sovereignty of the host country and the rights and interests of investors,and optimize the legal environment of international investment.