A Study Of Establishing An Appeal Mechanism Of The ICSID Arbitration

International Centre for Settlement of Investment Disputes is a specialized agency for the settlement of disputes between governments and foreign private investors. It was established in the beginning to ease the conflicts among the developed countries, most of whom are the capital-exporting countries and the developing countries, most of whom are capital-importing countries. However, international communications have seen great changes since90s, compared with the time when the Center was founded. Limitations and shortcomings of the Center slowly revealed itself, which mainly reflected by the inadequate supervision of arbitration and supervision mechanism and the inconsistency in arbitration. For solving this problem, the most widely supported is to establish an appeal mechanism within the center. However, this proposal was hotly debated and questioned by all concerned parties, mostly based on the argument that it is against the general practice of the arbitration mechanism, and the future expectations of the appeal mechanism are uncertain. This paper is divided into five parts, the first part is the preface. The second part is about the review of the ICSID arbitration mechanism. The first thing to be introduced in this part is the emergence and development of ICSID arbitration mechanism and then to discuss its limitations, and on that base to discuss the necessity of establishing the ICSID arbitration appeal mechanism.The third part is about the barriers of establishing the ICSID arbitration appeal mechanism and its solutions. The traditional concept of arbitration mechanism and the uncertainty about the future expectations of the appeal mechanism are the main obstacles to establish an appeal mechanism, so this part gives solutions for these obstacles. The fourth part is about the main contents on the establishment of the ICSID arbitration appeal mechanism. The whole content of the ICSID arbitration appeal mechanism is confirmed according to the relevant settings of the ICSID discussion paper. In addition, the article also gives a detailed discussion of the basic principles of setting an appeal mechanism. The author believes that the establishment of an appeal mechanism of the ICSID arbitration System has the separate and the parallel modes to choose from, and by comparing these two models, the author finally adopts the highest combination of the both modes. The fifth part is the conclusion of this article, which concludes the full text.