Research In The Expansion Of ICSID Tribunal Jurisdiction

"The Belt and Road" strategy as a system engineering,along with docking actively seek national development strategy.In this process,along with the enhancement of China's economic strength,China's national role has also undergone a change: from the capital of the country into a capital exporter and capital importing countries dual attributes.So in the process of top-level design should provide the necessary legal protection for China enterprises to go abroad,but also to create a favorable environment for domestic investment,to encourage countries along more private capital flows to china.The International Centre for the settlement of Investment Disputes(ICSID),an international and professional organization that has been widely recognized in the international community,has played a vital role in the settlement of disputes between investors and host countries.With the continuous development of the center,at present,the "center"(ICSID)by the trust of investors from all over the world,becomes an essential part of the international investment dispute settlement mechanism.This article uses the literature research,comparative research and empirical research,and deductive research methods of Chinese and foreign academic information and finishing the arbitration court recently concluded the case that the arbitration tribunal jurisdiction does exist realistic trend to expand,and in-depth analysis of the arbitration tribunal to expand the jurisdiction;to find the reasons,and puts forward the corresponding countermeasures.The provisions of article twenty-third to Article 27 of the Washington Convention are the legal basis for the jurisdiction of the central government,mainly embodied in the following aspects: the conditions of the jurisdiction and the exclusion of the validity of the jurisdiction.The current judicial practice,international investment disputes are often settled by arbitration,and concluded the ICSID analysis of past precedent is not difficult to find that most of the parties around the jurisdiction problems have different degrees of dispute.In theory,the author believes that ICSID should exercise jurisdiction at the same time: the parties are suitable,the type of dispute is suitable,and the three sides of the parties agree in writing.Even if the "Washington Convention" for the jurisdiction of the arbitration tribunal more than a certain limit,but the arbitration tribunal for submission to solve disputes often through expanding the interpretation of the continuous expansion of jurisdiction.With the continuous upgrading and expansion of the jurisdiction of the arbitration tribunal,as an independent subject in international law,the sovereign states should pay enough attention to this situation.