北美自由贸易区投资争端解决机制（ISDM——程序问题研究.pdfVIP

I Probation on the Proceedings of NAFTA’s ISDM Abst ract ISDM according to NAFTA Chapter 11 is the boldest newly mechanism designed for protecting the investor’s rights. Based on BITs and multinational treaties, ISDM is quite different from the traditional arbitration system. first, the traditional arbitration needs written arbitration agreement, while ISDM does not; the traditional arbitration needs the contents of both parties, while the investor can start ISDM unilaterally; third, traditional arbitration can choose the applicable law, ISDM can only apply NAFTA and other applicable international law. Therefore, it seems that we can conclude that the ISDM deviates the important principles of traditional arbitration even through it adopts the proceeding rules of traditional arbitration. Within 12 years in force ISDM incurs many critics, for example, the expansion of investor’s rights not only erodes national sovereignty but also brings the negative effect on the policymaking of environment and public health. ISDM is not abolished due to the critics and shows its vigorousness on the contrary. US is weaving a net of BITs and FTAs with adoption of ISDM, and MAI aborted also stipulates ISDM. This article will discuss the ISDM proceedings in details, starting with its source and ending with its problems, which is intended to address a whole ISDM before readers. Key Words ISDM NAFTA ICSID BIT FTA II