Research On The Third Party Participation System Of International Investment Arbitration

The introduction of the third-party participation system into the field of international investment arbitration has a history of nearly 20 years.The system is still in an exploratory stage,and it will take time to form a system-complete third-party participation system.The third-party participation system initially emerged in the litigation system of developed countries such as the Anglo-American courts,breaking the traditional two-constant model.It has played its unimaginable value in helping the court to make effective and fair judgments,avoiding multiple litigation procedures,or maintaining the interests of the parties.So far,it has formed a perfect court case.Tripartite system.As we all know,the rapid development of information technology and the economic development sweeping the world have led to a surge in global investment,accompanied by a proportional increase in the number of investment disputes between investors and countries.The arbitration method for handling commercial disputes is completely transplanted into the dispute resolution of investors and the state.The high standards of confidentiality require friction to occur repeatedly: if you are not aware of the essential difference between investment arbitration and commercial arbitration,its lag awareness makes it The rulings that harm the public interest of the host country continue to emerge.The host country's national policy on national health and sustainable development has been continuously impacted,which has raised doubts about the legitimacy of the arbitration system and has been criticized by the international community.In view of the value of the “friends of the court” system of the court litigation system,different arbitration systems began to accept the inclusion of “third party systems” in the field of international investment arbitration.Through the test of practice,the third-party participation system has improved the transparency of the arbitration process,and to some extent alleviated the legality crisis of the mechanism itself.In the first part of this paper,the role of the third-party participation system is the entry point,that is,the system's sure.On the other hand,the introduction of third-party participation system into the field of international investment arbitration is still short-lived.There is still a long way to go from a perfect third-party participation system.There are still many shortcomings.The second and third parts of this paper have related introductions.And related countermeasures have also been proposed.In addition to the introduction and conclusion,the paper is divided into four parts:The first part,The role of third parties in international investment arbitration.In this part,the author defines the scope of international investment arbitration involving third parties,introduces the background of third party participation and promotes the conception of third parties through practice,and leads the third party to participate in the arbitration process to promote the arbitration solution mechanism.The second part is the development and problems of third parties involved in international investment arbitration.This section participates in the chronological order of the International Center for Settlement of Investment Disputes(ICSID),the United Nations Commission on International Trade Law(UNICITRAL),and the Comprehensive Economic and Trade Agreement(Comprehensive Economic and Trade).Agreement(CETA)is the latest development and some practical cases are embedded in it,and a systematic review is made to point out the shortcomings of third party participation in investment arbitration.The third part is the third party's participation in the improvement and countermeasures in international investment arbitration.Through a systematic analysis of the third party's participation in development and problems in combination with the second part,this section proposes corresponding improvement measures in a targeted manner,in order to make its own meager efforts to improve the third party participation system.The issue of the three-party participation system can be used for reference.The fourth part is the third party's participation in China.This part firstly sorts out China's attitude towards third-party participation system from a macroscopic point of view,and then looks into the practice of international investment disputes in which China participates,and proposes that China should respond to the third-party participation system of investment arbitration with a positive attitude.Put forward China's response measures.