On The Recognition And Enforcement Of ICSID Arbitral Award In China

The Investment Dispute Resolution Centre,based on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(hereinafter referred to as the ICSID Convention),provides ways and means of resolving disputes arising between private investors and host countries in international investment cases.The awards handed down through the arbitration were well executed,but there were also cases that could not be recognized and enforced,such as the case of Bambang Company v.Congo and the case of Oriental Mulin Company v.Libya.When we recognize this system,we also need to see the shortcomings of this system.For example,the ICSID arbitral award must be recognized and enforced.Although in practice,most countries have been better fulfilled,but there are also many countries that refuse to perform the arbitral award.practice.In the second chapter of this article through some typical international judicial practice to show that there is such a situation we need to pay attention to.From these practices,the author raises the existing problems,such as the distinction between confusing recognition and enforcement discussed in the article,the examination of domestic laws,and the claim of state immunity.These issues are all issues that our country needs to consider.On the one hand,the author made suggestions on the mechanism itself and asked the secretariat of the center to explain the unclear and contradictory terms;On the other hand,we also put forward suggestions on the improvement of our country's system,requiring our country to issue a judicial interpretation that can be matched with the "ICSID Convention";It also explains the finality of the arbitral award,distinguishes it from the final judgment of our country,and clarifies the spirit of the convention.Finally,the introduction of state immunity law,in the state immunity,some scholars proposed that the state immunity should be waived,the author also put forward his own point of view,is not feasible,but should change its position and introduce a state immunity law suitable for our national policy.