The Reform Of ICSID Convention Arbitration Supervision Mechanism

As the increasing of international investment,the amount of international investment disputes increased substantially.International arbitration is one of the most important methods settling the international investment disputes,and some problems have been exposed during the recent years.These result in some countries' dissatisfaction.At the same time,some countries start to reform the international investment arbitration mechanism.ICSID is the specialized organization which settles the international investment disputes and have exposed some problem too.ICSID tried to reform the mechanism in 2004,but failed.This paper is trying to research the reform of international investment arbitration supervision mechanism and offer some useful suggestion.This thesis consists of five chapters.The first chapter mainly introduces the arbitration supervision of ICSID.Analyzing the value of ICSID arbitration supervision and figuring out the reason why the arbitration supervision does not work.Then the author demonstrates the necessity and feasibility of the reform.The second chapter mainly introduces the reform of ICSID in 2004,including the main content and the reason of failure.Then the author takes warning from it.The third chapter mainly introduces the reform which is advanced by the U.S.,including the appeal mechanism,the Transparency of arbitration regulated by NAFTA,and the Parties' right of interpretation of treaties,judicial supervision power.Then the author concludes the advance we can learn from.The forth chapter mainly introduces the reform of EU,including Permanent Court of international investment Arbitration,the main rules,advantages and disadvantages.The author concludes the advance that can be learned from.The fifth chapter is the last chapter,mainly about the author's reform suggestions of the international investment supervision mechanism,including the basic mode of the mechanism which is appeal mechanism and the rationality,the way to incorporate the appeal mechanism and the rationality and the operation rules.The operation rules consist of the basic principles,the selection of arbitrators,time limit of procedure,the cost,ground of appeal,and the relationship between the appeal mechanism and the basic award.