The Jurisdiction Of The Settlement Of Investment Disputes International Center "system

Arbitration by International Centre for Settlement of Investment Disputes(center), which is established in accordance with Washington Convention, is a typical mechanism of state-investor treaty arbitration, whose character is international business arbitration. These years, there is significant development in ICSID jurisdiction. The foundition of ICSID jurisdiction has been largely enhanced. The spirit of Washington Convention, aiming to balance the interest between states and investors, should be followed in exercising ICSID jurisdiction in order to maintain the independence of the tribunal. International investment treaties concluded between nations can be gradually regarded as mutual consent to ICSID jurisdiction."Foreign control standard"is an important exception in testing"a national of another contracting state". The application of this standard should be in line with the tenet of Washington Convention. The practice of ICSID proves that"investment"includes direct investment and indirect investment. China has accepted ICSID jurisdiction through bilateral investment treaties in recent years, which increases the possibility that China be suited as the respondent in ICSID.