北京城建集团诉也门政府案管辖权阶段的胜诉及启示
发布时间：2018-11-07 19:07
【摘要】：当前,我国企业"走出去"的势头发展良好,在获得来自国际市场的良好收益的同时,"国有身份"往往使得我国企业也面临着在投资准入阶段就折戟沉沙的风险,在争议发生后的投资仲裁阶段也可能无辜躺枪,受到不公正的对待。本文对我国第一例国有企业在海外投资仲裁中获得管辖权胜诉的案件——北京城建集团诉也门政府案进行具体分析,提出了我国国有企业在争取中需要厘清的几个问题与国际投资仲裁启示,以期为我国国有企业海外投资保护提供参考。
[Abstract]:At present, the momentum of Chinese enterprises to "go out" is developing well. While obtaining good profits from the international market, "state-owned identity" often makes our enterprises face the risk of sinking in the stage of investment entry. The investment arbitration stage after the dispute may also be innocent and unfairly treated. This paper makes a concrete analysis of the first case in which the state-owned enterprise obtained jurisdiction over overseas investment arbitration-Beijing City Construction Group v. the Yemeni Government. This paper puts forward some problems that need to be clarified in the process of striving for the state-owned enterprises in our country and the enlightenment of international investment arbitration in order to provide reference for overseas investment protection of Chinese state-owned enterprises.
【作者单位】： 大连海事大学;
【分类号】：D922.297
，
本文编号：2317307
[Abstract]:At present, the momentum of Chinese enterprises to "go out" is developing well. While obtaining good profits from the international market, "state-owned identity" often makes our enterprises face the risk of sinking in the stage of investment entry. The investment arbitration stage after the dispute may also be innocent and unfairly treated. This paper makes a concrete analysis of the first case in which the state-owned enterprise obtained jurisdiction over overseas investment arbitration-Beijing City Construction Group v. the Yemeni Government. This paper puts forward some problems that need to be clarified in the process of striving for the state-owned enterprises in our country and the enlightenment of international investment arbitration in order to provide reference for overseas investment protection of Chinese state-owned enterprises.
【作者单位】： 大连海事大学;
【分类号】：D922.297
，
本文编号：2317307
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