The Research On Legal Issues Of International Investment Arbitration Appellate Mechanism

As the first institution of solving investment disputes between investor and host country by way of arbitration in the world, ICSID provides an effective means to avoid investment disputes political. But in recent years, with the increasing of investment disputes, the limitation of investment arbitration mechanism is also gradually exposed, the most prominent is the lack of appeal procedures. The establishment of international investment arbitration appellate mechanism provides convenience for a more stable international legal environment, can guarantee the consistency and investment treaty arbitration law predictability; can guarantee arbitrator exercising of rights with fairness, and avoid influencing factors such as business interests,conflict of identity, so as to achieve the effective balance of the host country and the interests of investors; also can increase the the accuracy of the decision. Therefore, it is necessary to establish the mechanism of appeal.In fact, as early as in the UK, the Netherlands, China Macao and other places of domestic law had been introduced the arbitration award of arbitration appellate mechanism, even in the commercial field has consciousness the importance of appeal mechanism to ensure the accuracy and establishs a lot of successful practice.For example, commercial arbitration in the Paris International Court of arbitration,the maritime rescue Salvage Contract Format and the American Arbitration Association’s latest selective appeal arbitration rules of procedure for the recognition of arbitration; In the area of investment, the United States, the European Union signed with foreign investment treaties have been included in the arbitration appeal terms. Therefore, the establishment of international investment arbitration appellate mechanism is feasible.Finally, ICSID secretary in 2004 was released the "ICSID appeal convenience rules", can as the basis,to reform the composition of appeal court,the exercise of the appealing right, appeal enforcement and appeal mechanism of transparency, so as to realize the sustainable development of ICSID.