Study On The Expansion Of ICSID Tribunal Jurisdiction

In recent years,the International Centre for Settlement of Investment Disputes(ICSID)become an important way of solving international investment disputes.In today's international investment boom,ICSID tribunal may effectively solve the investment disputes,protect the interests of international investors,but at the same time,In that jurisdiction,ICSID arbitration tribunal tends to sure the direction of its jurisdiction to explain the Washington convention on jurisdiction as stipulated in article 25 conditions.Its jurisdiction expanding performance such as expanding the cognizance of legal person nationality,ICSID arbitration tribunal in its jurisdiction,the interpretation of the legal person nationality take different decision criteria,under normal circumstances,adhere to the legal person nationality traditional standard,but not always in accordance with the traditional legal person nationality recognition standard to determine the corporate citizenship,v guinea in international shipping agency company,in the case of insufficient conditions by default the dispute of the agreed by the parties can be used as criteria to judge corporate citizenship,eminem company v.Indonesia's case,the arbitration tribunal in whether P.T.Amoco company in the United States set up Amoco Asia company control,adopting the direct control of the standard.In recent years,more and more countries signed the number of BITs,on the basis of BITs apply for arbitration to the ICSID arbitration tribunal arbitration cases accounted for most of the cases,on the basis of BITs that is not the investment agreement signed directly with investors to subjective elements also make ICSID jurisdiction based on the cognizance of the subjective factor with free interpretation of space,in addition,the ICSID arbitration tribunal will MFN principle applies to the practice of dispute settlement and so on procedural matters,and invest in arbitration practice,ICSID arbitral tribunal often with all sorts of reasons to give investors once again brought the opportunity of international arbitration,and ignore the terms of the cross-roads,CMS as the typical case,the Gas Transmission Company v Argentina,etc.,is a reflection of its expanding jurisdiction.So it is necessary to the jurisdiction of ICSID arbitration tribunal kill yourself power and related program do certain restrictions,such as setting up leading censorship and appeal mechanism,and increase the transparency of the arbitration.In the face of ICSID jurisdiction expanding trend,our country should be on high alert,important is in when signing a BITs,to carefully choose the regulation of its content,such as to distinguish between different countries adopt different types of the same way,attention to clear the most-favoured-nation treatment at the same time,avoid unlimited use of umbrella clause,bilateral investment treaty in order to prevent abuse,you must stick to the four "safety valve".Should base on the actual situation in our country,carefully grasp the content of the treaty,when signing the BITs to distinguish between different countries and China's investments in the country's situation,considering our country's national interests and national interests of foreign investors.