Research On The Settlement Of Inve Stment Disputes Arbitration In China Free Trade Zone

From the types and characteristics of the free trade area investment dispute cut into the analysis,this paper expounds the free-trade area in our country the current investment dispute is different from investment disputes outside the free trade area,and further analysis of free trade area in the current arbitration path;Combined with the analysis of the characteristics of the free trade area investment dispute arbitration jurisdiction,the choice of arbitration,the arbitration law applicable,arbitration proceedings and other problems.Performance on the question of the arbitration jurisdiction is a free trade area exclusive investment dispute arbitration jurisdiction,as well as the expansion of ICSID jurisdiction problems.In view of the free trade area exclusive investment dispute arbitration jurisdiction has not been stipulated in the present any a BIT,so its obligation,there is no corresponding countries issue of its jurisdiction is blank,but the plasticity is very strong,according to the investment agreement as well as the BIT can be revised in the future.Free-trade area specificity investment disputes involving more national interests,an utter accepted ICSID jurisdiction at the practice level is not conducive to the maintenance of national rights and interests,to cope with its jurisdiction to make qualified,through a BIT to make an explicit definition of "investment" and so on can prevent its jurisdiction.For free trade area,both inside and outside are some investment disputes,the existing BIT almost made the provisions in the jurisdiction of the level,in view of the selectivity of the jurisdiction of the arbitration institutions,will be included in China's arbitration system to solve disputes better,therefore,improve the existing arbitration service level is the right direction;Arbitration institutions,facing ICSDI compulsory jurisdiction and exhaustion of the coordination of judicial relief and administrative remedies.So,China's foreign capital to enter into a BIT in the future,it should be "run out of the host country benefits" for the condition,the appropriate limit mandatory arbitration,not directly submitted to ICSID,rules to run out of our country's judicial remedy and administrative remedy,through our domestic relief after still cannot solve,can only be submitted to ICSID;Explicitly exclude our exclusive jurisdiction in our country investment disputes submitted to international mandatory arbitration;And make full use of "escape clause",the damage to national security,the ecologicalenvironment,Social and public investment activities shall not be included in the category of investment disputes.In arbitration proceedings,the arbitration rules of free trade area of the innovative regulations involving arbitration efficiency and cost challenges,such as temporary measures of double decided to double check,so the existing arbitration rules of free trade area still need further perfect,can not directly copy the international pattern.At the same time,China's foreign sign BIT allows temporary arbitration mode choice,so introduce temporary arbitration institution in our country is worth in free trade zone pilot run.Part on the applicable law of arbitration,facing a BIT in the absence of the terms of the applicable law,as well as the free trade area exclusive investment disputes cannot seek the basis of applicable law from the BIT.These disadvantages lead to the free trade area investment disputes between private and government can't solve well,politicized will follow the trend of investment disputes,affect the free trade area in our country is in line with the rules of international investment planning and the goal of promote liberalization of trade,home and our government will crisis investors the harmony between trade and national security.It should be BIT in the applicable law terms become essential clauses,for free-trade area exclusive investment disputes,submitted to international arbitration,should be in our country law should be as the only apply to the arbitration law,etc.