Private Investors Of The Host Country And Other Countries Investment Dispute Arbitration Jurisdiction Of The Study

This article concentrates on the jurisdiction of state-investor arbitration, and deeply examines the relevant issues. It can be divided into three parts: preface, text and conclusion.In the preface, it is clarified that this paper focuses on the state-investor arbitration only, and concisely introduces the practical and academic value of the subject matter, reviews some of the studies on the subject matter from both domestic and overseas scholars, and expains the research methods used as well as the goals expected to achieve in this paper.The main text is consist of five chapters. ChapterⅠis a general introduction of state-investor arbitration. In this chapter, the advantages of taking arbitration as the investment dispute resolution mechanism and five characters of state-investor arbitration jurisdiction are pointed out, which lays the foundation for the further discussions thereafter. ChapterⅡdemonstrates the legal basis of state-investor arbitration jurisdiction, and discusses its differences with commercial arbitration agreement. With respect to the main difference, i.e. the jurisdiction conflicts, this chapter provides its reasons, and in consideration of the influence of the"umbrella clause"and the"folk in the road clause", ChapterⅡcategorizes the types of jurisdiction conflicts of state-investor arbitration. ChapterⅢanalizes the proliferation of the definition of"investment"in terms of international investment legislation and state-investor arbitration practice. By applying the theories in conventional international law to state-investor arbitraion, ChapterⅣraises several standards for the subjective issues when deciding the tribunal's jurisdiction. ChapterⅤexplores two newly emerged problems, one is the appliction of MFN clause to the dispute resolution, and the other one is the consolidation of arbitration. The conclusion summarizes the viewpoints of this paper. And, in pursuance of international investment legislation of China, it provides a breif analysis and suggestion to several important issues in the forthcoming state-investor arbitration practice of China.