论解决投资争端国际中心仲裁机制的风险及其防范

A Discussion of the Risk and Prevention of the Settlement of Investment Disputes of the International Center Arbitration Mechanism

国际投资争端的解决是一个非常棘手的问题,因为它涉及到投资国、东道国以及投资者等多方利益。本文所论述的解决投资争端国际中心的仲裁机制正是顺应其势,专门为解决投资者与东道国之间的投资争端提供了便利。但由于该仲裁机制正处于发展阶段,因此在实践中它可能会给当事人带来一定的风险。本文主要从该机制裁决结果不一致的现象、有可能损害东道国的利益、裁决救济的局限性三个方面对其风险进行了探讨;并从机制内和机制外两方面探究如何防范其风险的存在以及对我国的启示。

The resolution of International investment dispute is a very difficult problem because it involves the inter- ests of the investment counties and the host country and investors and so on. ICSID arbitration mechanism discussed in this paper tries to meet the problem. It provides specifically the convenience for the settlement of investment dis- putes between investors and the host country. The arbitration mechanism is in a stage of development, so it may bring some risks to the parties in practice. This paper analyzes three aspects of the risks of ICSID arbitration mecha- nism that the ICSID arbitral awards are inconsistent,that the interests of the host country are likely to be damaged and that ICSID arbitral award relief is limited. The article discusses how to guard against the risk of ICSID arbitra- tion mechanism from the inside and outside of its system and it also points out the lessons China can learn from it.