“一带一路”视阈下投资者——东道国争端解决机制的选择与完善

The Choice of Investor-Host State Disputes Settlement Mechanism and Its Perfection from the Perspective of “Belt and Road Initiative”

自"一带一路"倡议推行后,我国与"一带一路"沿线国家的投资往来日益频繁,投资争端也随之增加.因此,建立一个相对完善的ISDS机制显得至关重要.现阶段,在我国尚无能力建立一个专门的"一带一路"投资争端解决中心的情况下,尤其需要依托现有的国际争端解决机制.针对目前国际争端解决机制所暴露出来的问题,需要统筹国际、国内两大资源,推动ICSID等第三方国际仲裁机构的改革工作,并完善我国的相关制度,以实现与国际现行规则的完美对接,妥善解决投资争端.

Since the implementation of the “Belt and Road Initiative”, the investment exchanges between China and the countries along the “Belt and Road Initiative” have become more and more frequent, and the investment disputes have also increased. Therefore, it is very important to establish a relatively perfect Investor-state Disputes Settlement (ISDS) mechanism. At present, since China is still unable to establish a specific “Belt and Road Initiative” disputes settlement center, it is extremely necessary to rely on the existing international disputes settlement mechanism. In view of the problems caused by the current international disputes settlement mechanism, China needs to coordinate international and domestic resources, promote the reform of third-party international arbitration institutions such as the International Center for Settlement of Investment Disputes (ICSID), and improve the relevant systems in order to achieve perfect docking with the existing international rules and properly resolve investment disputes.