国际投资争端仲裁机制主要借鉴于商事仲裁制度,但是,投资者与东道国间的争端常常涉及公共利益和公共政策,这在国际商事仲裁中并不常见。因此,对政府措施是否与国际法相符予以不公开审查的传统方式,即暗箱操作的程序所招致的质疑和批评与日俱增。要增强国际投资争端仲裁程序的有效性和公众认可度,就应当提高程序透明度,特别是除了对商业秘密和政府信息的必要保护之外,公开仲裁裁决,有利于公共立法机构的进一步发展。尤其当仲裁程序涉及有关公共利益的重大问题时,应当允许第三方参与仲裁,并为此制定明确、具体的指导规则。 The arbitration mechanism of international investment disputes mainly draws on the commercial arbitration system. However, disputes between investors and host countries often involve public interests and public policies, which are not common in international commercial arbitration. As a result, the doubts and criticisms that the traditional method of inconsistent government measures with unilateral censorship of international law, known as the “black box” procedure, have been exacerbated. To enhance the validity and public recognition of arbitration proceedings in international investment disputes, the transparency of the procedures should be enhanced. In particular, in addition to the necessary protection of trade secrets and government information, public arbitral awards are conducive to the further development of public legislative bodies. In particular, when arbitration proceedings involve major issues of public interest, third parties should be allowed to participate in the arbitration and a clear and specific guideline should be established for this purpose.