投资者与东道国争端解决机制改革浅析

Analysis on Reform of Investor-State Dispute Settlement Mechanism

摘要: 当前投资者与东道国争端解决机制在适用过程中凸显出一系列问题，争端解决机制的改革成为当前各国关注的焦点。目前争端解决机制的改革呈现多元化的发展趋势，主要分为渐进式改革、系统性改革和范式改革。中国作为具有双重投资身份的大国也应该顺应发展潮流，在改进国内仲裁机制，提高仲裁能力和仲裁机构影响力的同时，注重争端预防机制和调解在争端解决中的作用，平衡投资者与东道国之间的利益，完善争端解决机制现存的问题，为争端解决机制的改革提供中国方案。与此同时也要注重高端人才的培养，提高我国在投资仲裁领域的参与度，提升在投资仲裁改革中的国际话语权。

Abstract: At present, a series of problems have emerged in the application of the Investor-State Dispute Settlement mechanism, and the reform of the dispute settlement mechanism has become the focus of attention of all countries. At present, the reform of dispute settlement mechanism shows a diversified development trend, which is mainly divided into gradual reform, systematic reform and paradigm reform. As a big country with dual investment status, China should also conform to the development trend. While improving its domestic arbitration mechanism, enhancing its arbitration capacity and the influence of arbitration institutions, China should pay attention to the role of dispute prevention mechanism and mediation in dispute settlement, balance the interests between investors and host countries, improve the existing problems of dispute settlement mechanism, and provide Chinese solutions for the reform of dispute settlement mechanism. At the same time, we should also pay attention to the cultivation of high-end talents, improve the participation of China in the field of investment arbitration, and improve the international discourse power in the reform of investment arbitration.