Research On A Friend Of Court In ICSID

Global economic trends have led to a sharp increase in international direct investment,followed by frequent disputes between investors and host countries.Investors fear the government of the host country,most is not willing to solve the dispute in the territory of the host country court,resorting to international investment arbitration.With the continuous development of international investment arbitration,the international community has gradually begun to question the legitimacy and rationality of international investment arbitration.In order to reconcile the voice of the international community,A friend of court gradually appeared in the international investment arbitration.The addition of Amicus has improved the malpractice of international investment arbitration to some extent,but there are still many problems in the development of international investment arbitration.In this paper,we choose the representative ICSID arbitration in the international investment arbitration,and talk about the problem of Amicus in ICSID arbitration.This paper is divided into five parts.The first part introduces the basic theory of Amicus,and summarizes the evolution of Amicus in ICSID.The second part discusses the definition of the subject of Amicus in the ICSID arbitration rules.Starting from the case of arbitration,this paper analyzes the subjective form and condition of Amicus,and looks at the main body of the "Amicus" in terms of rules of arbitration,and puts forward the shortcomings of the provisions of ICSID as a friend of the court.The third part discusses the conflict between the Amicus and the secret of arbitration,which has been hotly discussed by the international community.From the principle of the confidentiality of ICSID arbitration and the realistic need of improving transparency,it is proposed that the participation and secrecy should be fully balanced in the development of Amicus system.The fourth part discusses the participation of the developmentStates parties in the<Washington Convention>to the system of Amicus.Analyzing the reasons for developing countries rejecting the system,and putting forward the objective reality that developing countries need to develop Amicus.In the last part,I will put forward some suggestions to improve the Amicus in ICSID,aiming at the three problems discussed in this paper,in order to develop the ICSID arbitration in a more reasonable,lawful and fair way.Finally,it comes back to our country's participation position and future direction of ICSID Amicus.