Research To Expand The Jurisdiction Of ICSID Tribunal

ICSID is gradually taken seriously, which plays an important role in addressingdisputes between the nation and the foreign investor.So far there are158States Parties.Since the1990s, the number of disputes between investor-State it accepted has beenrising sharply. However, in some arbitration activities, the arbitral tribunals prone toexpansion of jurisdiction and pursue for the protection of investors and investment,which thereby causing fears of sovereign states.ICSID arbitral tribunals prone to expansion of jurisdiction,or through bilateralinvestment treaties (hereinafter referred to as BIT) arbitration clauses,try to blur orfade to the terms of the scope,one-sided emphasis on the purpose of the treaty and theprotection of the foreign investor; or applying Most-Fovered-Nation Clause, try tobreak the traditional condition that Most-Fovered-Nation clause only applies toentities matters; or through the Umbrella Clause, break the situation the complain ofthe contract is separate from that of the treaty; or through the harsh interpretation ofthe terms of the Fork Clause, make foreign investors be able to seek the internationalremedy after choose the national relief. This article will analyse in depth theexpansion of the jurisdiction of ICSID arbitral tribunal,through the above four areas toexpand issues,based on the international investment arbitration cases and put brieflyforward to the countermeasures of our county.