The Study On The Expansion Of Jurisdiction Of ICSID Arbitration

The international investment has been one of the most important drivers of world economic development,but the frequent transnational investment has also led to more investment frictions.The quantity of investment disputes has increased year by year,and there has been a different form of dispute,too.In this context,as an institution which is designed to facilitate the settlement of disputes between government and foreign private investors through mediation and arbitration,The International Center for Settlement of Investment Disputes,ICSID,has become the most important dispute arbitration institution in the field of international investment.Recent discussions on ICSID have focused on the expansion of the jurisdiction of its arbitral tribunal.The expansion of the jurisdiction of the arbitral tribunal has,on the one hand,brought more comprehensive protection to investors and,on the other,damaged the judicial sovereignty and economic interests of the host country.Therefore,how to balance the benefits and disadvantages in order to avoid disadvantages,has become an important research topic.Based on the current situation of investment in China,the situation of the signing of bilateral investment agreements and the fact of " The Belt and Road" strategy,this paper analyzes the expansion of jurisdiction of ICSID arbitration tribunal.First of all,the paper sorted out the basic content of the " Convention on the Settlement of Disputes between States and Other Nationals " and ICSID,focusing on the contents of the jurisdiction.Secondly,the paper makes an empirical study on the expansion of the jurisdiction of the arbitral tribunal,including the study of six specific ways to expand the jurisdiction and the study of the internal causes of the expansion of jurisdiction.Thirdly,the paper makes a situational evaluation on the jurisdiction of ICSID arbitral tribunal,and evaluates it from the perspective of investor and host country respectively.Based on China's investment situation,the advantages and disadvantages of the expansion of jurisdiction are made from China's own perspective.Finally,based on the above analysis,Put forward the countermeasures in China under the background of ICSID Arbitration Tribunal to expand its jurisdiction from the perspective of Bilateral Investment Treatys,proposed to change the way to accept ICSID jurisdiction,and proposed to amend the relevant provisions of the Bilateral Investment Treatys.