International Investment Agreements, Arbitration Of Disputes

The international investment disputes between foreign private investors and the host country are more complicated and difficult to deal with. This kind of investment disputes not only include disputes based on the investment contract between them, but also include those based on international investment treaties.Dramatic increasing of investment treaties since the 90's Twenty century, the investment disputes on investment treaties have expanded. In recent years with the prevalence of offer to international investment arbitration of the host States in investment agreements, investors tend to bring international investment arbitration with investors-State arbitration clause of investment agreements to settle the dispute upon them. The investors-State Arbitration in investment treaties has some special characters different from the general Arbitration. International arbitration in investment treaty is the arbitration mainly in disputes between foreign investors and the host state due to BIT or regional investment protection agreement.At the same time, in recent practice of international arbitration in investment treaty, some new dispute issues have appeared. To a large extent, the development of international investment rules has been impacted with the tribunals' interpretation of the related investment rules. This paper, with the cases of international investment dispute arbitration, with the investment treaty disputes between investors and the host State, is paying attention to the differences and trends of the settlement of the jurisdiction disputes and substantive disputes, analyzing the new development of some investment rules and arbitration mechanism in international investment treaty dispute arbitration practice.As the biggest capital-importing country in the developing countries and an important capital-exporting country, China should seek to safeguard China's sovereignty and public interests and protect China's overseas investment. Some suggestions on formulation of China's investment treaty is put forward.This paper is divided into five chapters, as the following:Chapter I is the basic theory of the International Arbitration in investment treaty. Firstly, to define the international investment treaty with its nature, the types and the core content. Secondly, to analyze the forms, the legal relationship and the settlement of the disputes arising from international investment treaties. Thirdly, to determine the foreign private investors - the host country arbitration in accordance with investment treaties is the threshold of this paper, and to define the international arbitration in investment treaty and to argue that the international arbitration in investment treaties belong to the international mixed arbitration is treaty-based arbitration mechanism. It has its international law nature. Finally, to point out that the main content of the paper and set up it's main framework in this chapter.It is to analyze the major procedural issues and the focus disputes in recent years of the international arbitration in investment treaty in Chapter II to Chapter V.In Chapter II the jurisdiction of the international arbitration in investment treaty is to be analyzed. Firstly, to analyze the jurisdictional conditions and the operational characteristics of the ICSID, ICC, UNCITRAL and other ad hoc arbitral tribunal. summarize the main questions on the jurisdiction. Secondly, to explain the jurisdiction of the international arbitration in investment treaty is based on international law. The legal bases are the issued international investment treaty, "Washington Convention" and the arbitration agreement between the two parties of the arbitration. At the last, to review the cases of international arbitration in investment treaties about the nationality of investors and the definition of invest; analyze the exhaustion of local remedies rule, decrypt the relationship between the local remedies and finality requirements, the relationship between the local remedies and the "fork in the road clause"; analyze the expansion of MFN to procedural matters in international investment arbitration; demonstrate the related issues in BITs between China and foreign country, put forward a sound proposal.In Chapter III, the specificity of the application of the law in international investment arbitration to be analyzed. Focus on comparing the applicable law and arbitration law in ICSID arbitration and out ICSID arbitration, and demonstrating the nature of investment treaty arbitration to be the mixed arbitration in international law lever.In Chapter IV, analyzing the most talked issues in today's international investment dispute settlement practice. The first to introduce the origin of the fair and equitable treatment standard, then to analyze the theoretical differences of its meaning and its role, and further to discuss the perform of the standard and to explore the new development of the standard, and to analyze the defect in the fair and equitable treatment standard provisions in BITs between China and foreign country. The second to discuss the indirect expropriation problem in international investment arbitration. With studying the related cases, to introduce the development from direct collection to indirect expropriation, to define the norms of indirect expropriation, to descript the influence of investment arbitration practice on the development of the issued rules, and the last to analyze the indirect expropriation provision in BITs between China and foreign country.Chapter V is on the mechanisms of the supervision and enforcement of the award of international investment arbitration. At first to analyze the revocation of the ruling mechanism on the investment arbitration cases, and to demonstrate the feasibility of the appeal mechanism in international investment arbitration, to discuss its latest reform and development. Next to focuse on the effectiveness of ICSID arbitral awards and the recognition and enforcement of them. At the same time to discuss the recognition and enforcement of the arbitral awards outside ICSID with "New York Convention".