Analysis On The Impartiality Of ICSID Annulment System

The international centre for the settlement of investment disputes(ICSID)plays an important role in investor-state dispute resolution(ISDS)with its advantages of neutrality and independence.It has effectively promoted the flow of international capital and the development of international investment.But with the development of practice,the inconsistencies and injustices of the ruling have become increasingly prominent.ICSID annulment system is the only remedy for the central decision.Not only can not solve the original ruling existing problems.It even led to a new round of inconsistencies and inaccuracies.The parties concerned have condemned the impartiality of ICSID annulment system.The ICSID annulment system is not adequate for remedy.This has triggered a crisis of confidence in the ICSID annulment system.Research on the fairness of ICSID annulment system.It can also provide theoretical basis and referential measures for the practical settlement of the impartiality of ICSID annulment system.It can also provide theoretical basis and referential measures for the practical settlement of the impartiality of ICSID annulment system.This paper analyzes the fairness of ICSID annulment system.This paper analyzes the fairness of ICSID annulment system.This paper is divided into four parts.The first part,pose problem.The impartiality of ICSID annulment and its consequences are pointed out.The main problem of ICSID annulment system is that ICSID annulment system cannot guarantee the correctness and consistency of adjudication.The impartiality of ICSID annulment system has caused a crisis of international trust in ICSID annulment system.The second part,analyze problem.The causes of the impartiality of ICSID annulment system include the background of ICSID annulment system,limitation and ambiguity of the cause of annulment,the removal of the committee's inherent limitations resulting from inconsistent standards of application and internal review mechanisms.The third part,corresponding solutions.Three solutions to the impartiality of ICSID annulment are proposed.Respectively,the activism path of ICSID annulment system self-revision,the reformist path of establishing ICSID appeal mechanism,an alternative approach to the establishment of investment tribunals and domestic dispute settlement mechanisms.The mode selection of the second route and its positive significance to the impartiality of ICSID annulment system are analyzed.The fourth part,Chinese accountability.Three solutions are analyzed respectively.The paper points out the infeasibility of the self-correcting activism approach and the alternative approach of establishing the investment court and the domestic investment dispute settlement mechanism.The best way to solve the impartiality of ICSID annulment system is to establish the reform approach of ICSID appeal mechanism.It also puts forward specific arrangements for China's role in solving the impartiality of ICSID annulment system.First,we should do our best to support the reformist path of ICSID annulment.Secondly,China should participate in the construction of ICSID appeal mechanism with correct identity and attitude.Finally,China should unite developing countries to reflect the interests of developing countries in the formulation of rules.Make the mechanism develop toward the direction of justice and multipolarization.