Application And Case Study Of Counterclaims Before The ICSID Arbitration

In recent years,ICSID international investment arbitration has emerged including sovereign crisis,legitimacy crisis,social value crisis and other issues.One of the reasons for these crises is the imbalance in protection of the interests of investors and States in arbitration.In the efforts of scholars and the arbitral tribunal to increase the transparency of the arbitration process,open arbitration procedures,the introduction of "Amicus Curiae",the establishment of the arbitration appeal mechanism and other efforts to reform at the same time,to rediscover the existing rules of the new value is also one of the efforts.Counterclaims before the ICSID Arbitration provide us with a new research direction.Counterclaims is the important rule which ICSID Convention designed for using it to improve the efficiency and justice of dispute settlement and has a significant function in balancing the rights and obligations between the investors and the host country.However,from the ICSID arbitration practice,the successful application of the Counterclaims is not obvious and in a state of being suppressed.In this issue,study ICSID arbitration practice cases,analysis and summary ICSID arbitration counterclaims applicable and not applicable circumstances and reasons,will beneficial to China as a respondent in ICSID arbitration to protect their own interests.The thesis was divided into four parts:The first chapter is the basic theory of arbitration counterclaims and the basic of ICSID arbitration counterclaims.This chapter mainly introduces the basic theory of arbitration counterclaims,and expounds the theoretical basis and legal rules of ICISD arbitration counterclaims.The second chapter is about the real crisis and reflection of ICSID arbitration.This chapter mainly summarizes the main problems existing in ICSID arbitration,describe the concerns and criticisms in domestic and international theoretical and practical circles.It also introduces some measures,such as increasing the transparency of arbitration procedure,establishing the appeal mechanism,and the corresponding application of ICSID arbitration request rules..The third chapter is the practices of ICSID arbitration counterclaims.This chapter mainly introduces and analyzes the practice cases involving the ICSID arbitration counterclaims.Based on the introduction and analysis of the support and opposition of the counterclaim in the practice case,summed up the views and opinions of the court on the counterclaim.The last section is the summary and suggestion.This chapter summarizes the whole thesis to make some comprehensive suggestions.