A Study On The Expansion Of International Investment Arbitration Jurisdiction

The jurisdiction of the international investment arbitration mechanism is the precondition and primary legal issue for the arbitral tribunal to resolve international investment disputes.The expansion of jurisdiction in the practice of international investment arbitration has caused the academic's controversies and different reforms in the international practice.Therefore,this legal issue has already become one of the essential issues in international arbitration development.Focusing on this core issue,this paper starts with the legal basis of the jurisdiction expansion,defining the international investment and international investment disputes,clarifying the theories,related cases and legal relationships involved in jurisdictional expansion.Then,this paper gives a detailed analysis of the latest international investment treaty reforms,international investment arbitration institutions and international investment arbitration rules and jurisdiction issues.Second,this paper emphasizes on the empirical research of the jurisdictional expansion,has summarized the four expansion paths of Ratione Personae,Ratione Materia,Ratione Temperis and Functional Terms for the expansion of jurisdiction,and proposed the corresponding reasons and solutions to the problems caused by the jurisdictional expansion.At the same time,this paper has classified and discussed the related cases to China under the four paths of jurisdictional expansion mentioned above.The involved problems have been deeply analyzed and the specific and practicable solutions to the problems,based on China,have been put forward in this paper.Third,with the increasing number of institutional rules and case practices of China's participation in international investment arbitration,this paper has statistically analyzed the provisions of Chinese laws,Chinese and foreign investment treaties,and China's participation in international economic treaties on investment dispute settlement jurisdiction,especially in China and the main countries'international treaties along the "Belt and Road".Meanwhile,this paper has analyzed the domestic laws of the countries along the "Belt and Road" and the international treaties they have acceded to adopt investment arbitration mechanisms ICSID.The conclusions of these analysis will help China have a better understanding of the attitudes and legal provisions of the countries along the "Belt and Road" toward international investment arbitration.This is of great significance to China' s reform of the jurisdictional rules and the establishment of an international dispute settlement mechanism in the development of the "Belt and Road" Initiative.In addition to the general introduction,there are five chapters in this paper.The introduction is to analyze the research background and explain the significance of this issue,the research status and the reviews of Chinese and foreign research,the research methods and the innovations of this paper.Chapter One is to analyze the legal basis of jurisdictional expansion of international investment arbitration.Starting from the definition and reform of international investment legal system,international investment treaties and international investment disputes,this paper has analyzed the legal basis and legal relationship of the international investment arbitration.Cut into the core research,jurisdiction has been defined and compared from relevant legal concepts in this chapter.At the same time,the comparative analyses of the provisions of jurisdictions of major international arbitration institutions and arbitration rules have been carried out.This chapter has especially compared and summarized the distinction between the latest international investment arbitration institutions and rules in the Asia-Pacific region and the traditional important arbitration institutions and rules.Chapter Two is an empirical study on the expansion of jurisdiction over international investment arbitration.Starting from the current situation of jurisdictional expansion,this paper has analyzed the specific paths of jurisdictional expansion and analyzed the four specific expansion paths.A very specific analysis of the reasons for the expansion of jurisdiction,including institutional reasons at the macro level,environmental factors for international investment development,and arbitral tribunal and arbitrator factors at the micro level.Finally,according to the status quo and reasons of the expansion of jurisdiction,the response plans are proposed one by one.Chapter Three is about the regulations and practices of international investment arbitration jurisdiction in China and its international treaties.Firstly,it has analyzed the status quo of the international investment dispute settlement mechanism in China,especially focusing on the provisions of the international treaties of China and the countries along the "Belt and Road" for the consent of investment arbitration jurisdiction.Meanwhile,this chapter has analyzed the relationship between the countries along the "Belt and Road" and ICSID.Specific suggestions have been made from the macro and micro levels to improve the jurisdiction regulations of international investment arbitration mechanisms from the China' s view.Chapter Four is the empirical research and countermeasures of the jurisdictional expansion related to China.Focusing on the issue of jurisdictional expansion in the practical cases of China's participation in international investment arbitration,this chapter has analyzed the cases in combination with the four specific expansion paths.At the same time,it puts forward specific suggestions for China to deal with the expansion of jurisdiction over different paths.Finally,based on China's international dispute settlement institutions'development,this chapter puts forward the suggestions of the development of the jurisdictional rules and system of Chinese arbitration institutions.Chapter Five is about the latest practices of China's international investment arbitration and the impact on jurisdiction issues.The analyses of China's reforms and practices have focused on the impact of China's domestic laws,including the newly adopted Foreign Investment Law and CIETAC's Investment Arbitration Rules,on the current jurisdictional expansion of international investment arbitration mechanisms.Through the international and domestic analyses of the issue of jurisdictional expansion,the paper puts forward specific suggestions for creating a "Belt and Road"Dispute Resolution Mechanism from the perspective of jurisdictional rules,and points out its core functions and fundamental values.