英文摘要 |
To resolve the legitimacy crisis of investment arbitration, the EU, taking advantage of the TTIP Agreement negotiation, has proposed its own model of reform, which is the establishment of Investment Court System (ICS). The ICS has not only improved procedural transparency, provided more chances for non-disputing parties and third parties'involvement, formed a group of independent judges, but also adopted for the first time a systematic appellate mechanism; besides, this mechanism has also made proper arrangement for EU law issues. Though perfections have been made, it is still indefinite whether it is a judicial or arbitral mechanism, and the enforcement of its award depended on multilateralization of the mechanism. What's more, there is a possibility that it is inconsistent with EU legal order after deep analysis, all these defects will become obstacles for more countries to accept this EU model. |