“一带一路”国家能源投资争端解决机制研究

Research on Dispute Settlement Mechanism of Energy Investment in “Belt and Road Initiative” Countries

欧亚大陆长期以来呈现出的“西重东轻”的能源格局正在改变,“一带一路”国家所占区域也已成为全球最大的能源消费中心。通过案例研究,东道国和投资者之间的实体与程序的争议焦点渐渐呈现,这也将为“一带一路”国家未来参与能源类投资争端解决尤其是仲裁提供相应的参考。所有“一带一路”国家需共同检视现有能源投资争端解决机制并制定相关的完善措施,推进各个能源生产国和消费国之间的合作和共同治理。

The long-standing energy pattern of “emphasizing the west and neglecting the east” in Eurasia is changing, and the region occupied by “Belt and Road Initiative” countries has become the largest energy consumption center in the world. Through the case study, the dispute focus of entities and procedures between the host country and investors gradually appears, which will also provide a corresponding reference for “Belt and Road Initiative” countries to participate in energy investment dispute settlement, especially arbitration in the future. All “Belt and Road Initiative” countries need to jointly review the existing energy investment dispute settlement mechanism and formulate relevant improvement measures to promote cooperation and common governance among energy producers and consumers.