A Study On The Dispute Settlement Of Investors And Host Countries In China 's Agreement On Bilateral Investment Protection

Bilateral investment treaty is made between capital-exporting countries and capital-importing countries. It is generally effective in the international, protecting private overseas investment for the purpose of institutional provisions and currently active in one of the important means for protection in the area of international investment. The Washington Convention and the ICSID are the most important mechanisms for the settlement of investment disputes in the bilateral investment treaty.Firstly, this article starts from the definition and characteristics of bilateral investment treaty, and, the part of disputes settlement in bilateral investment treaty is highlighted in this article. Then this thesis differentiates the type of dispute settlements in bilateral investment treaty, explains the cause of investor-State disputes, analyses the particularity and complexity of the disputes. Secondly, the article introduces the ICSID which resolves the investment disputes in bilateral investment treaty. Begin with the background of establishment, this thesis illustrates its role in the area of international investment protection, summarizes briefly the arbitration practice since the establishment of ICSID and pointes out the deficiencies and problems of ICSID. Once again, this thesis introduces the information of bilateral investment treaties China has signed since China signed the Convention of Washington, analyses the position and attitude of the agreement reached between the China and foreign countries, and illustrates the reason why China’s former conservative attitude of being unwilling to take the dispute to international arbitration become accepting full liberalization under the jurisdiction of ICSID. And the thesis empirically analyses the evolution of the dispute settlement provisions and two ICSID arbitration cases in which China involved. Finally, this thesis offers the personal opinions about the negotiating bilateral investment treaties between China and the United States, with regard to the relationship of exhaustion of local remedies and dispute settlement mechanism, the scope of investment dispute and exceptions, most-favored nation treatment, and the transparency of arbitration.