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Investor-host Country Investment Dispute Resolution Path Research

Posted on:2018-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:C X XuFull Text:PDF
GTID:2356330536456742Subject:International law
Abstract/Summary:PDF Full Text Request
International investment disputes in the more complex and more discussion by the academic community is a foreign private investors and the dispute between the host country,and the current dispute settlement path,investors-the host country investment arbitration is a major path.Investment arbitration mechanism in the development of a number of shortcomings gradually appeared and the "legitimate crisis" problem that has become a factor hindering the development of investment arbitration.In order to overcome the inherent shortcomings of the existing system as much as possible,the EU is actively promoting the reform of the investor-host dispute settlement system,in the negotiations on the EU-Canada Integrated Economic and Trade Agreement and the EU-Singapore Free Trade Agreement The establishment of a permanent investment court and an appeal court in the Agreement on Trans-Atlantic Trade and Investment Partnership,which has been negotiated,has made a major breakthrough in the original investment arbitration rules,which is a new path for investors to resolve disputes.This paper first introduces the two existing paths of investor-host investment dispute settlement,namely the institutional arbitration path of the International Investment Dispute Settlement Center established in accordance with the Washington Convention and the provisional arbitration path under the UNCITRAL Arbitration Rules,and An overview of the EU-led international investment court system.Secondly,the investment arbitration system under the existing path is compared with the EU investment court system from the aspects of arbitrator independence,trial period,transparency system,supervision mechanism and implementation mechanism,and the feasibility of the EU investment court system is analyzed.Finally,according to the practice of China in the international investment dispute settlement,the author puts forward some suggestions on the application of investment route and investment path.
Keywords/Search Tags:Investor-state dispute settlement, Investment arbitration, International investment court, EU
PDF Full Text Request
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