A Study On The Third Party Participation In International Investment Arbitration

With the increasing of global investment and the increasing number of international investment arbitration,the requirement of transparency in international investment arbitration has also been raised.In 2013 and 2014,the UN General Assembly successively adopted the UNCITRAL Rules on Transparency for Treaty-based Investor-State Arbitration(the “rules on Transparency”)and United Nations Convention on Transparency in Treaty-based Investor-State Arbitration(the "Convention on Transparency")is a case in point.As an important manifestation of transparency,the participation of third parties can not only improve the transparency of arbitration proceedings,but also promote the arbitration tribunal to consider the facts of the case and the legal issues involved in it from various angles while alleviating the crisis of arbitration legality.At present,third-party participation in international investment arbitration procedures has been accepted by more and more countries.However,in practice,the third party participation does not play its expected effect.This thesis analyzes the reasons that hinder the third party to play its role from two aspects: the main body of the third party participation and the degree of the third party participation.And according to these reasons to find out the corresponding solutions.Since the case of Hong Kong resident Mr.Tza Yap Shum v.Peru in 2007,China and its investors have become more and more closely related to international investment arbitration.In the case of international investment arbitration involving our country and our investors,how to deal with the problem of the third party's participation needs to be clearly defined and handled prudently.The full text is divided into three parts:The first part is the subject of third party participation in international investment arbitration.In practice,the confusion of the qualification of the third party subject and the unclear definition of the "public interest" lead to a large number of unqualified third parties participating in the arbitration procedure,which leads to the delay of the arbitration procedure and the increase of the arbitration cost.In view of these problems,through the analysis of the third party subject in the international investment arbitration,the author puts forward some suggestions to strengthen the qualification examination of the subject and clearly define the "public interest".The second part is the third party participation degree in the international investment arbitration.The degree of third-party participation is reflected in the manner and intensity of third-party participation in arbitration,Through the analysis of the ways and intensity of the third party's participation in arbitration,it is concluded that the main factor hindering the deep participation of the third parties is that the third parties participate in the arbitration in a single way and the intensity of the participation of arbitration is not high.Therefore,the author suggests to expand the way of third party participating in arbitration and to perfect the procedure of third party participating in arbitration,so as to deepen the degree of third party participating in arbitration.The third part is our country in the international investment arbitration third party participation position and the countermeasure.From the first time that the third party participated in the investment dispute arbitration to the extensive application of the third party participation.China's position on the third party participation has gradually changed.This part first analyzes the trend of the change of our country's position about the third party's participation,and suggests that our country should make clear the position on the third party participation,and put forward the reasonable countermeasure to the third party participation in the international investment arbitration.