DOI: 10.66106/xinna7.20250108 ISSN: 3105-7527

“一带一路”能源合作中的争端解决机制研究(Research on Dispute Resolution Mechanisms in Energy Cooperation under the Belt and Road)

彭潇骁 Xiaoxiao Peng
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Abstract: The Belt and Road Initiative must be translated as "the Belt and Road." With the deepening advancement of the Belt and Road Initiative, energy cooperation has become the cornerstone and priority area of the initiative. Currently, Belt and Road energy cooperation is undergoing a green transformation, with continuously expanding investments in new energy. However, the unique attributes of new energy projects make them face more complex legal and commercial risks compared to traditional energy projects, rendering disputes somewhat inevitable. This study examines the current state, characteristics, and primary types of disputes in Belt and Road energy cooperation, including disputes over contract performance and interpretation, conflicts arising from policy changes and legal applicability, disagreements on technical standards and environmental protection, as well as disputes over investment protection and expropriation compensation. International commercial arbitration mechanisms such as the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC), the Singapore International Arbitration Centre (SIAC), and the Hong Kong International Arbitration Centre (HKIAC), as well as international investment dispute resolution mechanisms like the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Arbitration Rules, were evaluated and analyzed for applicability. The findings indicate that existing dispute resolution mechanisms commonly encounter challenges in practical application, such as enforcement difficulties, high costs, and protracted procedures, highlighting the urgent need to explore more suitable dispute resolution pathways tailored to the characteristics of Belt and Road energy cooperation.

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