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Research On Transparency Rules Of International Investment Arbitration

Posted on:2019-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiuFull Text:PDF
GTID:2436330569486662Subject:legal
Abstract/Summary:PDF Full Text Request
With the deepening of global economic integration,international investment has become a trend.In order to promote orderly international investment,several international investment arbitration rules and investment agreements between countries have emerged.The purpose of this paper is to analyze the transparency rules of international investment arbitration rules.And put forward some Suggestions to improve the health development of international investment in the future.Comparative analysis and literature research will be used in this article to compare and analyse the transparency issues of international investment arbitration rules which mainly contain NAFTA?ICSID and UNCITRAL,and match with the related international investment disputes arbitration case for example,in order to achieve comprehensive analysis of the research about transparency rules.In addition to the introduction and conclusion,this thesis consists of four parts.The first part,the author first defined the connotation of transparency international investment arbitration rules,and from the host country,investors,the host country people and the perspective of four main body,the arbitration tribunal to prove the necessity of increasing transparency in international investment arbitration rules.The second part mainly focuses on NAFTA?ICSID and UNCITRAL,and expounds the development process and specific contents of the transparency rule in six aspects.This section also lists the performance of the transparency rules in some bilateral investment agreements and free trade agreements.The third part analyzes existing transparency rules in five aspects,make general explanation about some international investment dispute cases which are solved in arbitral court,then launch the problem of the transparency rules that in are exposed when they are used in the practice or in their content besides of the harm they produce.The fourth part combines the above analysis to make Suggestions on how to improve the transparency rule.To grasp the good transparency and confidentiality under the premise of balance,from the mechanism of transparency rules formulated,explain the participation mechanism,the arbitration and to perfect management system four aspects of the arbitrator.
Keywords/Search Tags:international investment arbitration, Arbitration rules, Transparency rules
PDF Full Text Request
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