Research On Appellant Mechanism In International Investment Arbitration

Investment dispute arbitration is a method of solving investment disputes, the parties deliver the dispute to the third neutral party that will give award. Investment arbitration is the most institutionalized format to settle disputes out of judicial means, which is dedicated to settle the disputes efficiently and expense-savingly. Its efficiency, confidentiality and effectiveness are the very important reasons for the parties concerned to select it as the dispute-settlement method. However, recently, with rapid growth of the investment disputes number between individuals and the states, more and more contradictive awards arise, and the complaint for investment arbitration come forth, as a result, individuals, governments and NGOs express their dissatisfaction with the present dispute-settlement mechanism, especially they always complain about its finality and unappealability. So in some bilateral investment treaties (BIT), even in some regional free trade agreements, the parties try to seek some kinds of breakthrough, in 2004 the International Centre for the Settlement Of Investment Disputes (ICSID) issued a report to seek a reform for the mechanism, in which the establishment of appeal mechanism in investment arbitration is the emphasis. Under the current international investment environment, in order to meet the requirement of the "Go-Out" strategy, China, as a big power in foreign capital introduction, should make efforts on establishing harmonious legal system of investment, and provide beneficial suggestions for our nation and all developing countries. It is the basis of this thesis.This thesis consists of three chapters in addition to Introduction and Conclusion. Chapter 1 deals with the overview of the investment arbitration appellant mechanism. Firstly, the author analyses the meaning of the mechanism, points out the rationality and necessity of setting the mechanism. Secondly the author seeks revelation of appellant mechanism in some other international organizations. At last, the author analyses some blue prints of setting the mechanism and gives his own opinion: establish the investment arbitration appellant mechanism in ICSID as an experimental unit, and then popularize it to the whole international investment arbitrational field. The focus of Chapter 2 is the legal obstacles in the process of its establishment. Firstly, the author talks about the finality of awards, and then talks about the legal conflict between the examination of awards at present and the mechanism. Then the thesis discusses modification of ICSID convention. At last the author will give solutions. Chapter 3 analyses some issues of setting the mechanism, including how to make an appeal, the reasons for making appeal and the results of awards.