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仲裁结果本应保证其稳定性、可预见性,可由于仲裁结果不一致的现象普遍存在,仲裁解决的稳定性和可预见性被打破,使得国际投资的风险加大。欧盟对国际投资仲裁一直极为关注,近来其关于解决仲裁不一致问题的措施又有了进一步的发展。本论文将揭示目前国际投资仲裁不一致问题,以欧盟加拿大自贸协定ISDS(投资者-国家争端解决,即InvestorState Dispute Settlement,以下简称ISDS)草案为视角,探究欧盟针对该问题所提出的新的措施,希望通过对这些措施的分析研究探索出国际投资仲裁的发展趋势,并为我国运用国际投资仲裁解决国际直接投资争端的实践提供更好的启示。
The outcome of the arbitration should have ensured its stability and predictability. The stability and predictability of the arbitration could be broken due to the prevalence of inconsistencies in arbitration results in an increased risk of international investment. The EU has always been extremely concerned with international investment arbitration. Recently, the EU has made further progress in its measures to resolve the inconsistency in arbitration. This dissertation will reveal the current inconsistency of international investment arbitration. With the perspective of the EU draft of the Canadian Free Trade Agreement ISDS (InvestorState Dispute Settlement, hereinafter referred to as ISDS), this paper explores the new measures put forward by the EU on this issue He hoped that by analyzing and studying these measures, he explored the development trend of international investment arbitration and provided better enlightenment for our country’s practice of using international investment arbitration to settle the dispute over international direct investment.