美澳BIT将国际投资仲裁拒之门外的作法虽然只是个案,但却深刻的提醒我们不能忽视国际投资仲裁方式可能会给东道国经济主权带来的严重侵蚀。近年来我国在对外签订BIT时,对投资仲裁也采取了一种较为开放的态度,没有对其可能对国家主权的影响有清楚的认知,在未来应该对此立场做适当调整。 Although the BIT practice of rejecting international investment arbitration from the United States and Australia is a mere case, it profoundly reminds us that we can not ignore the serious erosion of the economic sovereignty of the host country that international investment arbitration may bring. In recent years, when signing BITs with China, our country also took a relatively open attitude toward investment arbitration. We did not clearly understand its possible impact on the country’s sovereignty and should make appropriate adjustments to this position in the future.