中国与上海合作组织成员双边投资条约投资争议解决机制分析——以ICSID管辖案件范围为例

An Analysis of Investment Disputes' Mechanism Among China—SCO Members' BITs——An Example for ICSID Cases' Types

中国与俄罗斯双边投资条约允许投资者与东道国之间投资争议提交"解决投资争议国际中心"(IC-SID)仲裁方式解决,并突破了"限于征收补偿额争议"的声明范围。鉴于中国在上海合作组织成员国中的投资状况,中国与其他成员国的双边投资条约应借鉴中俄投资者与东道国投资争议解决机制条款加以修订。

The BIT between China and Russia grants the investment disputes between the host country and a foreign investor can refer them to ICSID arbitration, and it has break through the declaration which is limited ＇ the dispute for the expropriation＇ s compensation＇ when China joined Washington Treaty in 1992. Herein Chinese investment among SCO members, BITS among China and other SCO members should transplant the clauses for investment disputes settlement.mechanism between the host country and a foreign investor of China - Russia BIT to their BITs, and modify them.