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近年来,投资者与东道国间的投资仲裁案件迅猛增加。由于过于强调对投资者的保护而对公共利益缺乏关注,国际投资仲裁机制日益遭到质疑。为加强对东道国公共利益的保护,投资仲裁的改革势在必行。除了完善投资条约中的实体规范以外,程序性规范的改革也是重要的,引入法庭之友制度及增加透明度就是这种程序性改革的重要内容。在投资仲裁中引入“法庭之友”制度可以给予公共利益的维护者参与仲裁、发表意见的机会,增加投资仲裁的透明度则有助于切实维护广大公众对于仲裁案件的知情权。在两种制度的具体规范设置上,应当特别注意公共利益与私人利益、仲裁程序与可管理性之间的平衡。
In recent years, the number of investment arbitration cases between investors and host countries has increased rapidly. Due to the lack of attention to the public interest due to the over-emphasis on the protection of investors, the international investment arbitration mechanism has been increasingly questioned. To strengthen the protection of the public interest in the host country, investment arbitration reform is imperative. In addition to improving substantive norms in investment treaties, procedural normative reforms are also important. The introduction of the system of courtroom friends and greater transparency are important elements of such procedural reforms. The introduction of “Friends of the Tribunal ” in investment arbitration can give public interest defenders the opportunity to participate in arbitration, express their opinions and increase the transparency of investment arbitration, which helps to effectively safeguard the general public’s right of knowing about arbitration cases. In the specific norms of the two systems, special attention should be paid to the balance between public and private interests, arbitration procedures and manageability.