Study On Interpretation Of Umbrella Clause In Bilateral Investment Treaties

In the international bilateral investment treaties, the Umbrella Clause often appears. The main content of the umbrella clause is that the Either Contracting Party shall constantly guarantee the observance of the commitments it has entered into with respect to the investment of the investors of the other Contracting Party. The role of the umbrella clause is to increase dispute of the investment contract between host countries and foreign investors into the Treaty dispute. The interpretation of this clause heavily effects the interests of foreign investors, the host country and even the mother country of foreign investors, but the International Center for the settlement of investment disputes solve this problem by different interpretation methods that are inconsistent or even reach diametrically opposite conclusions. As a result, explain the validity and scope of such a clause known as one of the hot issues of contention between academia and the government. China signed many bilateral investment treaty also provided for the umbrella clause. Therefore, it is necessary to issue of the interpretation of Umbrella Clause in bilateral investment treaties were discussed, in addition, although now the ICSID arbitration monopoly has been broken, but still in the world occupy the main part, the arbitration experience still has important significance, so still in the case of the ICSID arbitration, as the umbrella clause interpretation of the center.In addition to the introduction and conclusion, the body part is divided into four chapters. In the first chapter, it introduces the umbrella clause in ICSID; the second chapter reviews the related cases of Umbrella Clause involves, and analyze the reasons of Umbrella Clause conflict resolution; the third chapter introduced restrictive interpretation and expansion of the interpretation of the theory and the practice development, and a comparative analysis of the two interpretative approaches the point of difference, discusses the scope of validity of Umbrella Clause, it especially analyzes the impact of different wording to the scope of the umbrella clause, jurisdiction of Umbrella Clause cases are discussed; the fourth chapter of our country how to deal with the dispute with the terms and conditions of the umbrella to protect the related suggestions. Through of investment agreements in specific text in terms of the overall review and analysis, and reference to ICSID arbitration ruling is proposed to explain the different point of view, aims at analysis on issues of Umbrella Clause has been and will be generated, seek win-win solutions, also on China’s bilateral investment agreements and foreign investment disputes solving practice, the author puts forward some suggestions.