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Bilateral investment treaties investor and the host country Dispute Resolution Clauses

Author: MaJun
Tutor: QiHuan
School: China University of Political Science
Course: Legal
Keywords: Bilateral Investment Treaties BITs Investors and host countries Arbitration ICSID UNCITRAL Local remedies
CLC: D996.4
Type: Master's thesis
Year: 2011
Downloads: 170
Quote: 1
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Abstract


In recent years , countries in order to attract foreign investment, protection of foreign investment , have signed bilateral investment agreements that Bilateral Investment Treaties, or other international investment agreements , namely International Investment Agreements, and in this treaty into relevant investors and host countries dispute Terms resolved . In general, the resolution of disputes or reliance on domestic administrative and judicial means , or rely on international arbitration. Based on bilateral investment agreements to resolve international disputes or other investments under the terms of the arbitration agreement , on the one hand to protect the interests of investors, on the other hand may be a heavy burden to the state , therefore, the process of international arbitration between the host country and the relief relationship is very important . Bilateral investment treaties investor and the host country of the arbitration dispute resolution provisions places , mainly ICSID, ICSID Additional Facility Rules applicable to the arbitral tribunal and apply UNCITRAL ad hoc arbitration tribunal . The second part of this article will investors and host countries to discuss ways to resolve the dispute . Bilateral investment treaty arbitration clause mainly for non- specified type , alternatively type , domestic procedures to give up type , parallel program to allow first -and domestic -type relief program several . Various types of investors choose international arbitration and domestic remedies were different provisions . The third part of this article will combine the cases and existing BITs / IIAs analysis. At the same time as the capital-exporting countries and the country's capital-importing country , the situation should be distinguished choose dispute resolution provisions specific forms , in order to protect the investment of foreign investors as possible , while reducing the risk of facing the burden of international arbitration . The fourth part of this article will focus on the discussion .

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CLC: > Political, legal > Legal > International law > International Economic Law > International Investment Law
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