Thinking About Establishing The Appeal Mechanism Of ICSID Arbitration

International Center for Settlement of Investment Disputes(ICSID) was a result that developed and developing countries compromised with each other. It is designed to facilitate the mediation and arbitration with host governments and foreign investors, make Settlement of Investment Disputes Depoliticization and promote private capital free flow.ICSID has ever played a positive role for promoting international investment dispute settlement from it was established to 90's of last century. But 90 years after the last century, international situation has changed. With the deepening of economic globalization, a large number of foreign investors come to different countries, along with the rapid increase in investment arbitration cases,so host countries began to realize that introduction of foreign capital, Emphasising on private benefit protection unilateral will damaged the national public benefits.So in recent years, the fair of ICSID that the system is mainly for protecting private investors interests suffered questioned. On this basis, developed countries, mainly the United States proposed the view that establish appeal mechanism of international investment arbitration,and began to practice in bilateral investment treaties.Then, ICSID secretariat also made a report about building appeal mechanism. However these moves suffered many scholars and international arbitrators opposition. They think this is the behavior thatg against the tide, and the establishment of ICSID appeal mechanism is also difficult to practice.Whether the appeal mechanism can be established in the ICSID and whether the obstacles can be removed is the main thought of this article. In addition to preface and epilogue, this paper are divided into four chapters.As the foundation of the first chapter "ICSID background and development", the second chapter "appeal mechanism established reasons and differences" to explore the necessity and way out of ICSID appeal mechanism. Finally through in chapter 3 of the"appeal mechanism has its existence necessity ", "remove the idea obstacle" and "remove the technical barriers" express the author's view that supporting to establish the ICSID appeal mechanism.At the same time questioning and dismissing the opponents'view one by one. In addition, In the fourth chapter, the author analyzes the ICSID arbitral appeal mechanism established for practical significance in China and how China put forward some countermeasures to deal with this problem ,in the face of the new situation that China undertakes extensive treaty obligations of international investment. Ensuring that the domestic and international two ways of legal relief are justice and effective and according to different situations and different areas to introduce ICSID appeal system prudently is china's basic methord.