在国际投资领域,仲裁因其解决争端的高效性、保密性等特点,而逐渐成为东道国政府与外国投资者较为青睐的争端解决机制之一。然而国际投资仲裁缺点是投资仲裁程序缺乏透明度,导致投资仲裁裁决出现正当性危机,因此增加透明度是当前国际投资仲裁中需要解决的问题之一。本文通过分析中美对透明度认知的差异,并提出中国积极应对中美BIT中透明度要求争议的必要性。
<<In the field of international investment,arbitration has gradually become one of the dispute settlement mechanisms favored by the host government and foreign investors because of its high efficiency and secrecy. However,the shortcoming of international investment arbitration is the lack of transparency in the procedure of investment arbitration,which leads to the legitimacy crisis of the arbitral award of investment,so increasing transparency is one of the problems that need to be solved in the current international investment arbitration. This paper analyzes the differences between Chinese and American perceptions of transparency and points out the necessity for China to actively respond to the disputes over transparency requirements in BIT between China and the United States.
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