Research On The Extension Of Jurisdiction Of ICSID Arbitration Tribunal

As the first arbitration institution to specifically resolve disputes between foreign investors and host countries,ICSID has been recognized and accepted by more and more countries with its neutral transparency and depoliticization.In particular,ICSID has developed rapidly in the past three decades,the number of cases registered and accepted each year is relatively large,making it an indispensable part of the international investment dispute resolution mechanism.However,with the increase of jurisdictional cases,in some arbitration activities,The expansion of the jurisdiction of the arbitral tribunal can be found.In the determination of jurisdiction,the arbitral tribunal obtains jurisdiction over the case by arbitrarily interpreting the provisions on jurisdiction in Article 25 of the Washington Convention and the Bilateral Investment Treaty(hereinafter be called for short BIT).As a result,the arbitral tribunal has unbalanced the protection of the rights and interests of the parties to the dispute,undermined the sovereignty of the host country and even caused distrust of ICSID.Therefore,the article mainly starts from the ICSID arbitration practice,analyzes the performance of jurisdiction expansion with specific cases.The article further explores the reasons for the expansion of jurisdiction and the impact it brings,and put forward the countermeasures of China in response to avoid disadvantages.This article is divided into four parts and the main contents are follows:Chapter One:The overview of ICSID jurisdiction.Through the background introduction of the establishment of the Washington Convention and the review of relevant jurisdiction treaties,the concept and nature of the jurisdiction of the ICSID arbitral tribunal are clarified,and the conditions and procedures that the arbitral tribunal needs to satisfy the disputes are analyzed in detail.Chapter Two: discusses the performance of the expansion of the jurisdiction ICSID arbitral tribunal from an empirical perspective.From the arbitral tribunal to expand the interpretation of the basic requirements of jurisdiction and BIT related provisions to analyze the two angles,using case study methods to demonstrate representative and persuasive cases,and summary and analysis of the arbitral tribunal’s ruling grounds.Chapter Three: analyzes the reasons and influence of the extension of ICSID tribunal’s jurisdiction.The reason for the expansion of jurisdiction is inseparable from the unclear provisions of the Convention itself,the arbitrator’s pursuit of investorsympathy and personal interests.At the same time,it analyzes the impact of the expansion of ICSID tribunal’s jurisdiction jurisdiction,including reducing the credibility of ICSID and weakening the sovereignty of the host country.Chapter Four: puts forward the countermeasures that China should take in response to the expansion of The ICSID tribunal’s jurisdiction.This paper discusses the current situation of the signing of BIT in China and the risks brought by the acceptance status of ICSID jurisdiction.It also introduces the current situation of the government involved in ICSID arbitration,and analyzes the performance of the ICSID arbitral tribunal’s jurisdiction to expand its participation in arbitration practice.Finally,china’s rmeasures are put are put forward to better safeguard China’s interests.