Counterclaims Before The Icsid Arbitration

Counterclaims is the important rule which ICSID Convention designed for using it to improve the efficiency and justice of dispute settlement. The counterclaims before ICSID arbitration did not draw the attention they deserve for quite some time, for the reason that arbitration court has strict standard in reviewing counterclaims and the existing investment treaties all counts against the use of counterclaims. It is necessary to carry out the research about the ICSID counterclaims on the basis of overviewing and summarizing the present research situation and fundamental theory at home and abroad of the counterclaims.The thesis was divided into four parts:The first chapter is introduction. This chapter define the problem domain in this paper, put forward the research structure and designate the main research frame on the basis of basically overviewing the present research situation at home and abroad about the counterclaim problem to show the general research situation about the counterclaims.The second chapter is the basic theory of counterclaims. On the basis of the introduction, this chapter discusses the concept of counterclaims and the pursued value and inspects the counterclaims rules at the domestic level and the international level. This chapter and the introduction components together to make up the basic theory and the reference standard of the research on counterclaims.The third chapter is the basis and practice of ICSID arbitration counterclaims. This chapter analyzes the rules of ICSID arbitration counterclaims and the practices and expounds the problem of ICSID arbitration counterclaims from two aspects of law and practice.The fourth chapter is the destruction and reconstruction of the ICSID arbitration counterclaim rules. This chapter deconstructs the rules and the practices of ICSID arbitration on the basis of the third chapter and makes a comparison with the main counterclaim rules at home and abroad in the second chapter to construct the ICSID rules and practices on the basis of the destruction.The conclusion part summarizes the whole thesis to make some comprehensive suggestions from certain aspects, such as academic research, arbitration practice and revision of treaties and so on.