“一带一路”倡议下国际商事争端解决机制“意思自治”问题研究

"一带一路"倡议下的国际商事争端解决机制是以尊重当事人意思自治为核心原则的。意思自治原则在国际商事争端解决机制中体现为三个方面:当事人可自主决定适用一般国际私法和双边条约解决平等商事主体间的争端;当事人还可合理选择和适用"一带一路"投资条约中的"岔路口条款";当事人可自主选择替代性争端解决方法。对此,中国投资者首先要明确国际商事争端解决机制中"意思自治"的法律意义,并在此基础上积极适用意思自治条款,理性选择不同的争端解决机制。

The international commercial dispute settlement mechanism proposed by the Belt and Road Initiative holds the core principle of respecting the autonomy of will of the parties.The principle of autonomy of will is embodied in the international commercial dispute settlement mechanism in three aspects:firstly,the parties can independently decide to apply general private international law and bilateral treaties to settle disputes between equal commercial subjects;secondly,the parties may also reasonably choose and apply the"Fork Road Clause"in the investment treaty of the Belt and Road Initiative;thirdly,the parties may independently choose alternative dispute settlement methods.In this regard,Chinese investors should first clarify the legal significance of autonomy of will in the international commercial dispute settlement mechanism,and on this basis,actively apply the provisions of autonomy of will,and rationally choose different dispute settlement mechanisms.