Study On The Dispute Settlement Mechanism Of Foreign Investment In China Free Trade Zone

The internationally accepted free trade zone refers to the multi-functional economic special zone established within the territory of a country or region,which takes preferential taxation and special customs supervision policies as the main means and takes trade liberalization and facilitation as the main purpose.The Chinese free trade zone mentioned in this paper also has the same meaning.Since 2013,China has expanded to 21 free trade zones,including dozens of zones,with the Shanghai free trade zone as a standout.Fta is to promote the opening to the outside world,but with the opening to the outside world,foreign investment pouring into,investment disputes followed,perfect investment dispute settlement mechanism is a powerful safeguard,the steady development of the free trade zone within the existing free trade zone has a corresponding investment dispute settlement mechanism,but the original dispute solution is no longer adapt to the development trend of existing.Shanghai as the first free trade area,the investment dispute settlement mechanism is relatively more perfect mature,but there are also deficiencies,to say nothing of the newly established free trade area,at the same time,the disadvantages of international investment dispute settlement mechanism in the development of the existing exposure,no doubt,therefore,to establish perfect free trade area investment dispute settlement mechanism is also comply with the international trend of the reform.How to make the FTA achieve long-term stability,stimulate greater vitality,how to make China fight for more say in the international investment,improve the FTA investment dispute settlement mechanism is imperative.Therefore,this paper studies the status quo of the investment dispute settlement mechanism in the free trade zone,and finds out the existing problems and solves them.To between country and country in this article,the establishment of free trade area investment dispute settlement mechanism also has carried on the brief introduction,although the investment is made under the agreement on the solution of the dispute,but most also depend on a country’s domestic dispute settlement way,at the same time,this paper involves the investment disputes include only between investors and investors,investors and the host country government,but not from country to country,in view of the free trade area will involve investment disputes between investors and the host country gove.This paper is divided into three parts: introduction,text and conclusion.The text can be divided into the following four parts:The first part is an overview of the FTZ dispute settlement mechanism for foreign investment.This paper mainly introduces the historical evolution of the dispute settlement mechanism for foreign investment in free trade zones,the types of disputes,the main ways of settlement and the necessity of improving the dispute settlement mechanism for foreign investment in China’s free trade zones.In this paper,the free trade zone in the history of the foreign investment dispute settlement mechanism mainly from the development and changes in international investment,for dispute types,mainly involved are foreign investors and private subject,and between foreign investors and disputes between the host country government,through the introduction of the main way of investment disputes and domestic free trade area to perfect the foreign investment dispute settlement mechanism is the necessity for later to lay the foundation.The second part is the current situation and existing problems of the dispute settlement mechanism for foreign investment in China’s free trade zone.At present our country between foreign investors and private subject concerned in the free trade area investment dispute settlement mechanism as well as between foreign investors and the host country government investment dispute settlement mechanism is analyzed respectively,so as to find the current problems of foreign investment on the trade dispute settlement mechanism,such as the lack of legal basis,v.docking form is not standard,arbitration system is not sound and the lack of effective solution to the disputes between investors and the host country government mechanism.The third part is the status quo of the international free trade zone and its reference to our country.By analyzing the changes of the investment dispute settlement mechanism in the North American Free Trade Area(NAFTA),China’s position is found based on the current international and domestic realities,that is,to insist on the effectiveness of the ISDS mechanism in dispute settlement.Combined with the above said the lack of effective solution to the disputes between investors and the host country government mechanism,to build domestic ISDS arbitration mechanism was proposed to build their own international voice,at the same time,through the analysis of China-asean free trade area investment dispute settlement mechanism of the deficiencies and to which can be used for reference to provide specific ideas behind.The fourth part is the improvement of the dispute settlement mechanism for foreign investment in China’s free trade zone.Through the analysis of the previous problems,this part will be improved from the following aspects.First fill a blank in legislation for investment disputes settlement mechanism applicable to provide legislative basis,and then to v.docking work form and workflow specification,and then go to the town by arbitration,the promotion to establish temporary arbitration and unified the arbitral award review standards to improve the arbitration mechanism,and finally through the establishment of the arbitration mechanism between foreign investors and host governments to effectively solve the dispute.