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国际投资仲裁起源于国际商事仲裁,却又因为其往往涉及公共利益而得到更多的第三方关注。在第三方参与呼声日益高涨的同时,国际上出现了比较丰富的实践案例。与此同时,联合国大会在2013年和2014年相继通过《投资人与国家间基于条约仲裁透明度规则》和《联合国投资人与国家间给予条约仲裁透明度公约》。虽然目前对第三方参与投资仲裁仍有非议,但不可否认其是大势所趋,值得我们梳理借鉴。
International investment arbitration originated in international commercial arbitration but received more third-party attention because of its often public interest. At the same time that the voices of the third party participation are on the rise, there have been quite a lot of practical cases in the world. In the meantime, the UN General Assembly passed the “Rules for Transparency Based on Treaty Arbitration between Investors and States” and the “Convention on Transparency of Treaties and Arbitral Awards between Asian and African Countries” in 2013 and 2014 respectively. Although the third party is still criticized for participating in investment arbitration, it is undeniable that it is the trend of the times and that we should learn from it.