Research On The Way Of Enlarging The Jursdiction Of ICSID Under BITs

Cross-border capital flows frequently caused in the process of trading investment disputes also increased,subsequently the Washington convention is associated with increased capital flows dispute also appear increasingly phenomenon and conclude a treaty,ICSID was established on the basis of the convention and special for settling disputes between investors and the host country's institutions,the institution itself has the characteristics of "politicising",to avoid a lot of politically sensitive topic,so investors are love,as the host country also with more tolerant,open attitude to attract foreign investment to join.But,see ICISD development at the same time,we should also see the problems that exist in the development process,such as expanding the phenomenon of jurisdiction,so we should take in two point of view to judge the problem.In recent years,more and more countries signed the number of BITs,on the basis of BITs apply for ar BITration to the ICSID ar BITration tribunal ar BITration cases accounted for most of the cases,on the basis of BITs that is not the investment agreement signed directly with investors to consider the basis of subjective factor also makes the ICSID jurisdiction the cognizance of the subjective factor with free interpretation of space.In addition,ICSID ar BITration tribunal will MFN principle applies to the practice of dispute settlement and so on procedural matters,as well as investment ar BITration practice,ICSID ar BITral tribunal tend to ignore the terms of fork in the road,with excuses is a reflection of its expanding jurisdiction.This article mainly USES the comprehensive analysis,empirical analysis,comparative analysis,methods of law interpretation,through case analysis and contrast,discusses some issues about the ICSID jurisdiction expanding,the author put the specific case of background and the situation of our country are analyzed in detail the ar BITration tribunal and the part of practice put forward different views.In the face of ICSID jurisdiction expanding trend,our country should be on high alert,to this,the author thinks that: 1,in the process of development in our country should stick to complete the development of international investment dispute settlement system not to abandon now has a system.To improve the mechanism of international investment dispute settlement through BIT adjustment and call for ICSID reform;2.It is necessary to clarify the legal development status of special subjects in China.There are three ways to solve the problems of China and foreign BIT in Hong Kong,Macao and other special administrative regions.(1)take care of the BIT party by using diplomacy.(2)through the modification of Chinese and foreign BITs.(3)notify ICSID in accordance with paragraph 4 of article 25 of the Washington convention.3.By further strengthening and improving BIT,the scope of "consent" in dispute settlement can be further divided,and different ICSID usage clauses can be applied to different parties.In a BIT with developed countries,it is possible to adopt a range of consensuses,with all the agreed and significant security exceptions to be adopted in a BIT with developing countries.The exception to the grant of MFN treatment is to apply the "umbrella" clause carefully for the flexible application of the "fork road" clause.4.At the procedural level,ICSID is recommended to establish exclusive appellate body to strengthen the research on the bias of arbitrators.