Study On The Exhaustion Of Local Remedies In ICSID Investment Arbitration

With the acceleration of economic globalization,the scale of international investment is growing.Investment disputes have become increasingly diverse with the rapid development of international investment,and the issue of proper handling of international investment disputes has become more important.ICSID center is an international organization established to resolve international investment disputes.Since its inception,it has been playing an increasingly important role in handling international investment disputes.China as a member of the ICSID convention,is also the world's second largest economy,must study of ICSID framework,in order to better express in the economic globalization,maximize the fight for their own interests.Stipulated in article 26 of the ICSID convention,the traditional principles of international law on the exhaustion of local remendies a subversive,one is to change the tradition of traditional international law principles to the exhaustion of local remendies,if need to adhere to the principle of exhaustion of local remedies,requires states parties expressly agreed upon,otherwise,will be considered abandoned the principle,the principle,the exhaustion of local remendies is able to protect a country's sovereignty.Whether,then,in the field of international investment,China also needs to stick to this principle,insist on or not for their own each have what effect,how to maximize the benefit of the Chinese,is the problem to be solved in this paper.After discussing the ICSID center and the exhaustion of local remedies,this paper analyzes the existing cases of ICSID center,so as to explore the current explanation and application of exhaustion of local remedies.Then,from the perspective of bilateral investment agreements signed in China,the changes in the provisions of the local relief principles are analyzed in the bilateral investment agreement signed by China.In the end,based on the current economic situation of China,the author puts forward some Suggestions on how to adopt the principle of exhaustion of local remedies.Based on the case study analysis,combined with literature research and historical research method,using the existing material analysis,to explore the principle of exhaustion of local remendies ICSID center question some of the views,and China signed a bilateral investment treaty changes,put forward the future in China,they shall sign a bilateral investment treaties,principle of how to deal with exhaustion of local remendies put forward my own opinion.The full text consists of three parts:The first part analyzes the ICSID convention and the exhaustion of the local relief principle,discusses the development background and process of the two,as well as the meaning,lays the foundation for the later development.The second part starts with the case of exhaustion of local remedies in ICSID arbitration,and analyzes the identification and attitude of ICSID center for this principle.The third part analyzes the bilateral investment agreement signed by China,and puts forward the author's own opinion in combination with the current economic situation.