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Research On Appeal Mechanism Of ICSID

Posted on:2012-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:N N LiFull Text:PDF
GTID:2166330335959605Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
ICSID arbitration system was founded in the 1950s, the ratio accepting was low in a period of time. The data shows that centers as a international organization specialized dealing with disputes between nation and his inventors from other countries solve 43 cases,40 applications for arbitration,3 for mediation. With the rising of development of international investment liberalization, during 90 years in the 20th century, disputes between the host and the foreign investors arise. The influence of ICSID arbitration system was increasing, because it committed to resolving such conflicts. With the rapid development of world economy, a number of questions are gradually exposed in dealing with in ICSID system, one of the most attractive is the relive system. Because it is evolved the traditional basis of international commercial arbitration system, such as a final ruling, even it has its original point, but it is limited. Using the internal supervision, including revocation and explanation, parties only can act within the framework of ICSID system, unable to seek other relief. So the relief is slightly inadequate and justice has inevitably been questioned.In order to maintain vitality, ICSID also carried out some reforms, but these measures are basically in the original frame, not a real breakthrough. Recent years, the voice of calling for an appeal mechanism has formed, even it is not really achieved and the way has many difficulties and obstacles, it is still a vision to solve the drawbacks of international arbitration system.Based on the analysis of the mechanism of ICSID already, the paper's elaborates the necessity of establishing ICSID appeal mechanism and realistic feasibility, analyzes ICSID appeal mechanism proposed by Central Secretariat. The paper proposes suggestions and strategies form the legal aspect in order to discuss the significance and defect of consideration for ICSID appeal mechanism, hoping it has benefit for the development of international investment arbitration.
Keywords/Search Tags:ICSID, Appeal mechanism, Value analysis, the direction of Reform
PDF Full Text Request
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