The Enforcement Of Arbitration Awards Under China’s Bilateral Investment Treaties

Bilateral investment treaties are rules signed between the two countries to coordinate investment relations.They are the main legal basis for investors to invest in host countries.With the continuous development of international investment,investment disputes between investors and host countries are increasing.How to resolve disputes,resolve disputes,and effectively safeguard interests under the situation of unequal subject status of the two parties must be paid attention to now.In view of this,BITs often use arbitration as an important way to protect the interests of investors.Investors have the right to protect their investment interests through arbitration when investors suffer investment losses caused by acts of expropriation,hostilities,national wars,policy changes,and government defaults.However,a dispute can only be considered as a perfect settlement if the arbitral award is finally enforced and realized.This article is divided into six parts.The first part is the introduction,which discusses the background and significance of this topic,the current research status,and the main research content.The second part starts with the arbitration clauses in Chinas BITs,and discusses dispute settlement methods,arbitrable matters and the effectiveness of arbitral awards.The third part mainly focuses on the enforcement of arbitral awards.under BITs in our country,and summarizes the provisions on enforcement of awards in BITs and the practice of enforcement of awards.The fourth and fifth parts are the core content of this article,and propose corresponding suggestions for the problems that need to be faced in the implementation of arbitral awards under BITs.In the fourth part,based on the summary of the rules and practices in the third part,the author puts forward three problems faced in the implementation of arbitral awards under the BIT,that is,the provisions on the enforcement of awards in the agreement are incomplete,the domestic law has insufficient provisions on the enforcement of investment arbitration awards,and the implementation mechanism of the Center’s rulings is not complete.The fifth part proposes specific solutions to the above problems,that is,to improve the arbitral award enforcement clauses under China’s BITs,improve the provisions of domestic law on the enforcement of investment arbitral awards,make up for the deficiencies of the ICSID enforcement award mechanism.