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Author: WenLiQing
Tutor: SunJiLu
School: Foreign Service Institute
Course: International law
Keywords: International Centre for Settlement of Investment Disputes Investment Arbitration Jurisdiction Bilateral Investment Treaties China
CLC: D997.4
Type: Master's thesis
Year: 2009
Downloads: 267
Quote: 2
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Abstract


Established according to the Washington convention on "solving investment disputes (ICSID) arbitration international center" is a typical form of investors - national treaty arbitration, the nature of international commercial arbitration. In recent years, the ICSID jurisdiction basis to major development, exercise had a tendency to expand the scope of jurisdiction. International investment treaty can be an agreed to ICSID jurisdiction of subjective elements. "Foreign control standard" is decided to the jurisdiction of the objective elements of "the other contracting party national important exception to the general principles, the application should be limited within the spirit of the Washington convention. Arbitration practice has proved that "investment" should be included in the Washington convention on the international direct investment and indirect investment. To explain the elements of the Washington convention on jurisdiction should follow the convention aims, namely the balance between state and investors interests, the promotion and protection of international investment, the pursuit of ICSID's neutrality. In recent years, China has concluded bilateral investment protection agreements with other countries, sum up gradually accepted ICSID jurisdiction. Increases the possibility of China in the future be appealed to the ICSID, China should take in international investment treaties.

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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