On The ICSID Dispute Railroad Development Corporation V. Republic Of Guatemala

October 3, 2014, International Centre for Settlement of Investment Disputes released the investment disputes arbitration award about Railway Development Corporation and the Government of Guatemala. The arbitrator ruled that the Government of Guatemala violated the "minimum standard of treatment" in the Central American Free Trade Agreement provisions. The case is the first case getting a lot of notoriety, since the minimum standard of treatment under the Central American Free Trade Agreement and concern.Throughout the process of the case, the problems and the shortcoming do exist during the process of the Government of Guatemala dealing with the case, which directly or indirectly led to the Government of Guatemala lose. For example, the Government of Guatemala placed the crucial issue on proving the legality of its own administrative measures, and the Government of Guatemala has failed to cite a precedent flexibly. It is strong sense of sovereignty that Guatemala in a passive situation.This dissertation, in addition to the introduction and conclusion, divided into four parts.The first part introduces the merits of the case. Since the case spans more than twenty years, and the multi-body is related to transnational corporations, etc., so the articles seeks to clarify the merits of the development process with the briefing background.The second part introduces these three key disputed points, exposition the process of argument for jurisdiction, indirect expropriation, the international minimum standard of treatment, the parties discussed how to analyze the substantive issues in the arbitration process and exposition how to present evidence to support one's own point.The third part extended from the point of controversy, discusses the relationship between jurisdiction and the effective date of the agreement, it discusses the concept of indirect expropriation, standard definition and confusion encountered reality, and analyses the connections and distinctions between the international minimum standard of treatment and fair and equitable treatment standard.The fourth part describes the significance of the case. From the case to the jurisdiction of the arbitral tribunal summarized expansion, author finds trend of indirect expropriation strict minimum standard of treatment and the role of precedent in magnifying identified trend, with the shortage of China in the ICSID arbitration cases, author concludes the recommendations for the China-related system construction.Through those four parts, on the basis of analyzing investment arbitration case of Guatemala, and the article analyzes the different viewpoint between the traditional Western capitalist countries and China about indirect expropriation, the minimum standard of treatment point of view, China's relevant systems based on our current national conditions.