英文摘要 |
The investment cooperation between China and the countries along the ''Belt and Road'' is getting closer, while the pressure of investment disputes faced by the Chinese government and enterprises is increasing. The proper choice of international investment dispute settlement has a significant impact on the stability of the ''Belt and Road'' construction. Currently, investment arbitration is the mainstream way to resolve international investment disputes, which can be divided into ICSID investment arbitration (ICSID arbitration) and Non-ICSID investment arbitration (Non-ICSID arbitration), with obvious differences in jurisdiction, procedures, supervision systems and enforcement mechanisms. Promoting the construction and development of Non-ICSID arbitration will not only enhance the competitiveness of the international investment arbitration market, but also help build an open, diversified, fair and reasonable international investment arbitration mechanism and better protect the rights and interests of Chinese government and investors. Currently, the construction of Non-ICSID arbitration in China faces problems such as unclear arbitrability of investment dispute, difficulty in applying interim measures and incomplete enforcement mechanisms, resulting in serious limitations on its development. In order to avoid over-reliance on ICSID arbitration dominated by rules of Western countries and to accumulate experience for the creation of the ''Belt and Road'' investment dispute resolution mechanism, China can take the revision of the Arbitration Law as an opportunity, to promote the construction and development of Non-ICSID arbitration, by accelerating the construction of domestic investment arbitration norms, improving the judicial supervision mechanism of domestic investment arbitration, and strengthening the convergence of international investment arbitration systems. |