A Study Of Legal Issues In The Temporal Jurisdiction Of International Investment Arbitration

The issue of temporal jurisdiction of international investment arbitration is an important aspect of the jurisdiction of the arbitral tribunal.The temporal jurisdiction of the international investment arbitration tribunal comes from the "consent" of the contracting parties in the investment protection agreement,in bilateral investment agreements,multilateral investment agreements And regional investment agreements,but in the current international investment practice,the main legal source comes from the provisions of the bilateral investment agreement(BIT).In view of the length of the article and the specific consideration of research issues,the text will mainly Discuss around the rules in BIT.Under the BIT,the arbitration limitation clause directly restricts the scope of the time jurisdiction of the international investment arbitration tribunal.For cases exceeding the arbitration limitation,the jurisdiction of the arbitration tribunal is excluded.At the same time,the effectiveness and application of BIT itself will fundamentally determine whether the arbitral tribunal has temporal jurisdiction.Therefore,in general,the acquisition of the arbitral tribunal ' s temporal jurisdiction requires both the provisions of the arbitration limitation clause in the BIT and the dual conditions within the BIT 's own time validity.Specifically,it is reflected in the provisions of the BIT time validity clauseand the arbitration limitation clause.However,its complexity lies in that the time jurisdiction of the international investment arbitration tribunal and the time validity range of BIT are not completely synchronized.In addition,under the background of the generalization of the current international investment treaties,the new and old treaties are frequently replaced,and the tendency of fragmentation is serious.Ambiguity,ambiguity and other issues have led to serious differences in the current jurisdiction of the international investment arbitration tribunal,both at the practical level and the legal level.The inconsistency of awards has also exacerbated international investment arbitration.The crisis of legitimacy has caused shocks and challenges to the judicial sovereignty of the host country.Therefore,it is of great practical significance to clarify the scope of the arbitral tribunal ' s temporal jurisdiction.Based on this,this article uses the analysis theory based on legal theory,BIT text regulations and arbitration practice to study the issue of temporal jurisdiction in international investment arbitration.This article is divided into three chapters:The first chapter generally introduces the overview and legal origin of temporal jurisdiction at the legal level,summarizes China's provisions on BIT time validity clauses and arbitration limitation clauses,and discusses temporal jurisdiction and its specific provisions from a theoretical level.It also explains the reasons and ideas for the research based on the two BIT clauses.The second chapter discusses the application of BIT time validity clauses in practice,including three types of time validity clauses in disputes and problems in arbitration practice.This chapter is based on the empirical analysis of a large number of arbitration cases,and the key lies in how to accurately grasp the time scope of BIT,clarify the effectiveness of investment,disputes and factual acts before BIT takes effect,and then determine when the international investment arbitration tribunal Enjoy the jurisdiction granted by BIT,and combine with the current situation in China,put forward suggestions to improve the conclusion of the time validity clause of BIT.The third chapter is about the provisions of the BIT arbitration limitation clause,analyzes the starting point,calculation method,maturity date and arbitrationlimitation period of investment arbitration limitation in practice,and discusses the impact of the arbitration limitation clause on the arbitral tribunal ' s temporal jurisdiction As well as the problems in its specific application,it points out the problems,causes and solutions in the legislation and practice of China's arbitration limitation clauses.Finally,in the concluding part of the article,it reiterates that the BIT time validity clause and the arbitration statute of limitation clause are fundamental to determine the temporal jurisdiction of the international investment arbitration tribunal.Perfecting the two types of clauses will solve the problem of the international investment arbitration temporal jurisdiction and better the country Participation in international investment arbitration is of great significance.