Subjective Requirements For ICSID Arbitration Jurisdiction

Convention on the Settlement of Investment Disputes between States and Nationals of Other States(also known as the Washington Convention,hereinafter referred to as the Convention),is presided by the World Bank in 1965,the developed countries and developing countries concluded in order to encourage the International Investment dispute solved with depoliticise,and International Center for Settlement of Investment Disputes(ICSID)established according to the Convention has also become one of the most important global permanent arbitration institutions that dealing with international investment conflicts.According to the data of ICSID's official website,as of April 11,2014,159 countries and regions have approved to join the Washington Convention.ICSID mechanism plays a more and more important role in the peaceful solution of international investment disputes.An investment disputes can be handled by the ICSID,ICSID whether have jurisdiction is of crucial importance.The Convention referred to in paragraph(1)of article 25 of the conditions of the ICSID arbitral jurisdiction rules.Among them,"the parties agree to submit the jurisdiction of the Centre",namely the subjective element,is the foundation of ICSID jurisdiction,play a decisive role in the ICSID jurisdiction.In order to better use of ICSID arbitral jurisdiction mechanism,it is necessary to deeply study the subjective element of ICSID arbitral jurisdiction.In addition to the introduction and conclusion,this article is divided into four parts:The first chapter is the overview of Subjective element,the parties consent to the ICSID arbitral jurisdiction.Firstly,Introduce the form of consent.And then introduces the consent scope,agree binding and the process of consent.Lastly how to explaint content clause when parties have controversy dispute on it.Through in-depth analysis of the basic content of ICSID jurisdiction subjective element and its interpretation,we will accurately understanding the subjective element of ICSID jurisdiction provisions in Washington Convention.The second chapter is the ICSID jurisdiction development trend of the subjective element and its influence.This part,the author first introduces the reason of ICSID ease the cause of the subjective element;Next introduces the method of ICSID ease subjective element,and analysis its influence.The third chapter for the measures of several countries cope with the development trend of subjective element for reference.This part,the author chose the United States,Canada,and Argentina,and introduce their arbitration clause in its BIT simply.The fourth chapter for the measures of our country cope with the development trend of subjective element.This part,the author introduces the content of China,and analyzes the existing problems.And in reference to foreign practices,on the basis of our country in both host countries and investors in China are put forward under the condition of double identity,should be how to deal with ICSID ease the subjective element.