亚洲国家涉能源类投资争端解决机制研究——兼谈对中国的启示

International Energy Investment Disputes Settlement Involving Asian States——Implication to China

随着国际投资法律制度的发展,能源类国际投资争端逐步增加,亚洲国家开始逐步参与其中。《能源宪章条约》下的投资争端解决机制涉亚洲国家数量已达1/5。近期仲裁裁决体现出对投资者保护和东道国利益的平衡。通过案例研究,东道国和投资者之间的投资争议焦点逐步显现,这也将为亚洲国家未来参与能源类投资争端解决尤其是仲裁提供相应的参考。无论是作为东道国还是投资母国,包括中国在内的亚洲国家均应做好充分准备,应对能源类国际投资争端可能带来的挑战。

With the development of the international investment legal system,the number of international energy investment disputes has gradually increased,and Asian countries have begun to gradually participate in it.The number of Asian countries covered by the investment dispute settlement mechanism under the Energy Charter Treaty has reached one-fifth.Recent arbitral awards demonstrate a balance between investor protection and the interests of the host country.Through the case study,the focus of investment disputes between the host country.and investors gradually emerges,which will also provide reference for Asian countries to participate in the settlement of energy investment disputes in the future,especially the arbitration.Both as host countries and home countries of investment,Asian countries including China should be fully prepared to deal with the challenges that may arise from international disputes over energy investment.