Research On The Investment Dispute Settlement Mechanism Between China And EU

With the gradual deepening of cooperation between China and the EU,China and the EU have initiated negotiations on a bilateral investment agreement,which will replace investment agreements with member countries after the agreement is signed.Previously,China and the EU mainly carried out commercial activities in accordance with multilateral treaties,and disputes were also settled in accordance with the provisions of multilateral treaties,while the provisions of the bilateral investment agreement were mainly applied between EU member states,but the provisions on dispute settlement between the two Different,so it is necessary to build an appropriate dispute settlement mechanism in the new China-EU bilateral investment agreement.There are two types of existing dispute settlement mechanisms,one is a rigid mechanism represented by arbitration,and the other is a flexible mechanism represented by negotiation,but both have some problems,and each has advantages and disadvantages.Therefore,the choice of the dispute settlement mechanism for investment between China and Europe is still unclear,and it is necessary to discuss what kind of dispute settlement model is applicable and how to deal with its shortcomings.At present,the internationally applicable dispute settlement mechanism has problems of low transparency,lack of impartiality of judges,and imperfect appeal mechanisms.The EU has reformed this and proposed an investment court mechanism to solve some of the problems in the mechanism.Building a dispute settlement mechanism is of great significance.China is a developing country,its domestic laws are not perfect,and it lacks experience in the settlement of international investment disputes.In the face of the status quo of international investment dispute settlement mechanisms and China’s national conditions,this article concludes with an analysis of existing investment dispute settlement mechanisms and the construction of new The three paths of dispute settlement mechanism and investment court mechanism are compared and analyzed,and the choiceof the applicable investment court mechanism is proposed.In order to deal with the existing problems of the investment court and the adverse impact on China,it is proposed to improve the legislation and legal practice.