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Research on Appellate Mechanism of International Investment Arbitration

Author: RenCongYing
Tutor: QiHuan
School: China University of Political Science
Course: International Law
Keywords: International Investment Arbitration ICSID Additional Facility Rules NAFTA Appeal mechanism
CLC: D996.4
Type: Master's thesis
Year: 2011
Downloads: 211
Quote: 0
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Abstract


With the development of economic globalization and international investment has gradually become the mainstream way of international economic relations, international investment disputes is also showing a growing trend. International investment arbitration as settlement of international investment disputes in an important way to solve the dispute has played a huge role, has also been a great development. However, due to the lack of a comprehensive and effective oversight mechanisms, international investment arbitration awards appeared more serious inconsistencies, and there are private investors favor the public interest while ignoring the tendency of the host country. Appeared in international investment arbitration mechanism crisis of legitimacy. The current international investment arbitration oversight mechanisms are unable to solve this problem. Thus, the international community to actively explore ways to deal with this crisis. Establishment of an arbitration appeal mechanism is one of the loudest voices in a way. Multilateral Agreement on Investment MAI negotiating process had a discussion about the appeal mechanism; U.S. investment agreements in international investment arbitration will be the establishment of an appeals mechanism on the agenda; ICSID Secretariat in the 2004 discussion paper to build a more detailed description of the appeal mechanism idea, but because of some legal and technical issues remain unresolved, and ultimately had to shelve the vision. Whether we can appeal mechanism to undertake this task, how to set up in order to better carry out the international investment arbitration, effective supervision, so as to promote the sustainable development of ways to arbitration, which, academia, the basic principles of the appeal mechanism, operation mechanism and other issues a more in-depth discussion. In this context, the paper select \This article includes introduction, body and conclusion of three parts, of which body part four chapters. The first chapter to ICSID and NAFTA as an example of international investment arbitration mechanism investigated the emergence and development of history and reveal the existence of its current crisis of legitimacy, and the combination of recent international investment arbitration typical case analysis of the international investment arbitration mechanism crisis of legitimacy and performance reasons. Chapter combed from a historical perspective of the international investment arbitration appeal mechanism germination and development process. The third chapter selected some representative body, it has been on the practical experience of the appeal mechanism were analyzed. In the previous three chapters, based on the fourth chapter first reviews the ICSID Secretariat in 2004 to build the DP appeal mechanism specific ideas, and on this basis, the analysis put forward an appeal mechanism in international investment arbitration under the ICSID framework of the basic principles of building and system security, and finally expounded international investment arbitration appeal mechanism Implications for China. In this paper, exegesis methods thesis keyword \The international appeal mechanism within the existing practices were compared, analyzed, so as to international investment arbitration appeal mechanism set up to provide reference; using value analysis method ICSID arbitral appeal mechanism to build the basic principles of discrimination, so as to institutional design practical recommendations.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Investment Law
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