中国在非投资纠纷解决机制:以商事调解为视角

Dispute Settlement Mechanism of Chinese Investment in Africa: from the Perspective of Commercial Mediation

中方在非投资者对投资纠纷习惯于坐等政府协调,这种依赖不利于其它救济途径的开拓。2017年后对非投资激增使中非投资纠纷有效解决变得更加重要而紧迫。依赖相似的调解文化,学习国内外涉非调解经验,中非投资纠纷通过调解解决较为务实。当前,首要应制定和完善商事调解法,改善援非方式,通过互联网共享调解员,吸纳"融解决"优点;同时,投资者要珍视调解机会,塑造良好社会形象,营造利于调解的社会氛围。

Chinese investors are used to waiting for the Chinese government to settle investment disputes in Africa,which is not conducive to the development of other relief channels.The surge in investment in Africa since 2017 has made the effective settlement of investment disputes between China and Africa more important and urgent than ever.With relying on a similar mediation culture and learning from domestic and foreign experience in mediating investment in Africa,it is practical to settle Sino-Africa investment disputes by commercial mediation.Currently the priority should be to enact the Commercial Mediation Law,adjust the approaches to aid Africa,share mediators among mediation institutions via the Internet,and take in the advantages of "integrated solution".At the same time,Chinese investors should also appreciate the opportunity of mediation,shape a good public image and create a social atmosphere conducive to mediation.