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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,在优点背后,国际投资仲裁机制也日益暴露出其诸多弊端,其中较为突出的一点便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。本文通过对增加透明度的利弊分析,得出要理性对待增加透明度,并需在二者之间寻求平衡点。
In the field of international investment, arbitration has gradually become one of the favored dispute settlement mechanisms for host governments and foreign investors because of its efficiency and confidentiality. However, behind the advantages, the international investment arbitration mechanism is increasingly exposing its many drawbacks. One of the more prominent ones is that the investment arbitration procedure lacks transparency and leads to a crisis of legitimacy in investment arbitration rulings. Therefore, increasing transparency is needed in current international investment arbitration One of the problems solved. Through the analysis of the advantages and disadvantages of increasing transparency, this article draws a conclusion that it is necessary to rationally treat and increase transparency and seek a balance between the two.