Research On The Protection Of Rights And Interests Of The Middle East Countries In International Investment Arbitration

As the International Investment Arbitration mechanism are initially established to protect the rights of foreign investors against host states,the arbitration proceedings are in favor of protecting the interest of foreign investors,and there is a lack of protection for the rights and interests of host states.Host states undertake too much responsibilities,face significant threats,such as huge compensation and regulatory chill,and some host states changed its attitude towards international investment arbitration.The reason of the lack of protection for the rights and interests of host states remains in the extensive interpretation of provisions,rather than the so-called unreasonable arbitration procedures.To better protect the rights and interests of host states,the controversial provisions of the investment treaties need to be clarified,including but not limited to Fair and Equitable Treatment Provision,Umbrella Clause and Most Favored Nations Provision,and exception provisions can also be added.As there are so many foreign investors in China,and with over one hundred bilateral Investment treaties,most of which including international investment arbitration provisions,China faces great risk of international investment arbitration disputes.To better protect its legal and economic rights,China need pay attention to the drafting of the controversial provisions and also the exception provisions.