| 英文摘要 |
The international investment arbitration has exposed so many problems that its need to be reformed becomes greatly urgent, under which background, mediation, as an alternative dispute resolution method, has attracted a lot of attention. Provisions on mediation are not unfamiliar to investment agreements, within which do voluntary mediation and mandatory mediation exist. While the former one is the mainstream, the latter one's trend of development cannot be ignored in recent years. From the perspective of rules, it is difficult to say that strengthening mediation has become the universal consensus by analyzing the relevant provisions in existing investment treaties and the opinions on the reform of ISDS submitted by various countries. From the perspective of practice, it seems that mediation still faces great challenges by analyzing the effectiveness of mediation and the applicability of the Singapore Convention on Mediation to settlement agreements arising from mediation. Provisions on mediation in China's existing investment agreements are small in quantity, simple in content and strong in arbitrariness, reflecting the indifference toward mediation in international investment dispute settlement of Chinese authority in the past. If China would like to attach more importance to mediation in the future, the model of the Mauritius Convention could be referred to, equally, strengthening mediation under the framework of RCEP might be a credible attempt, upon which the transition from rule competition to order competition would be gradually realized by formulating competitive mediation rules, which on the meanwhile, would help China participate in leading the formation of a new international economic order. |
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