Research On The Mediation Mechanism In International Investment Dispute Settlemen

Mediation,a means of dispute settlement has never been a new thing,especially now that the peaceful settlement of international disputes has become the theme of the times,mediation has become famous.In this article,the author attempts to discuss how to seek the best method of dispute settlement under the premise of peace.The first chapter discusses the concept of mediation mechanism.Discuss the origin of the mediation system from the perspective of historical logic,and compare it with the international civil procedure system and international arbitration system.The second chapter analyzes the current situation of the mediation mechanism of international investment disputes.Consider and explore the procedural provisions and applicable rules of the mediation system of the three major dispute settlement institutions in the world.Through text analysis of relevant treaties,and on the basis of practical data,the characteristics of the provisions of the mediation mechanism of each organization are summarized.This chapter covers the current global mediation mechanisms and regional treaties,and is a macro overview of the current status of international investment disputes.The third chapter summarizes the obstacles hindering the development of the mediation mechanism for international investment disputes,and points out the difficulties of the mediation mechanism in practice.He believes that the host country’s low willingness to mediate,the inconsistent qualifications of mediators,the lack of enforce ability of the settlement agreement,and the conflict between the degree of confidentiality required by mediation and the need for transparency are relatively difficult problems in practice.Targeted solutions.The fourth chapter predicts the development trend of the international investment dispute settlement mechanism,and summarizes the problems faced by China’s international investment dispute settlement mechanism.It is recognized that China’s international investment dispute settlement mechanism starts late,develops slowly,lacks internal driving force and existence The dilemma of external resistance.Lack of internal driving force means that there is no special legislation for international investment dispute mediation in China,and no independent professional international investment dispute mediation agency has been established;there is external resistance means that domestic mediation rules and enforcement mechanisms are not in line with the international community’s investment dispute mediation rules and enforcement.The connection of the mechanism has led to a gap in practice,which has had a negative impact on the construction and long-term development of China’s international investment dispute mediation mechanism.Based on sufficient problem analysis,it puts forward suggestions for China’s international investment dispute mediation mechanism to get out of the predicament and eliminate negative effects.From January 1,2022,the Regional Comprehensive Economic Partnership Agreement will come into full effect,which will have a strong impact on the international economic structure and become an opportunity for a major reshuffle of the international economic structure.With the in-depth development of economic globalization,the momentum of regional economic integration has also begun to take shape.The entry into force of the Regional Comprehensive Economic Partnership Agreement will inevitably inject a strong adhesive into regional economic integration.It will definitely lead to more investment disputes.Only by perfecting the international dispute mediation mechanism can we deal with the emerging investment disputes;only by promoting the establishment of China’s international investment dispute mediation mechanism,can China fully protect its legitimate rights and interests in the complicated investment environment.