On The Legal Problems Of SOCS In ICSID Arbitration

With the rapid expansion of China's foreign investment and the promotion and development of the "one belt and one way" initiative,state-owned enterprises,as the main force of China's foreign investment,are increasingly active in the stage of international investment.Its investment ratio accounts for more than half of China's foreign investment.With this rapid expansion,the risk of overseas investment is also increasing.Dispute resolution between investors and host countries has become increasingly important.The purpose of this paper is to analyze the legal issues and Countermeasures of investment disputes between Chinese state-owned enterprises and the host country from the perspective of case analysis and theoretical research.In addition to the introduction and conclusion,the full text is divided into four chapters,the main contents are as follows:The first Chapter briefly introduces the identification of investors by ICSID arbitration and three legal problems in the case of Beijing Urban Construction v.Yemen: first,the identification of investors in state-owned enterprises;second,the indirect expropriation of state-owned enterprises;and third,the choice of ways to settle investment disputes between state-owned enterprises and host countries.Ihe second Chapter analyses and demonstrates the identification of investors in state-owned enterprises in ICSID arbitration.Firstly,the legal background of this issue is discussed,and then the award of the arbitration tribunal in this case is returned and analyzed.The conclusion that Beijing Urban Construction has the status of private investor is drawn.Finally,from the point of view of state-owned enterprises,government and BIT,some suggestions for improvement are put forward.The third Chapter analyses and demonstrates the indirect expropriation of state-owned enterprises in ICSID arbitration.This part includes three contents: first,the identification of indirect expropriation;second,the embodiment of indirect expropriation in this case;third,the countermeasures are put forward for the state-owned enterprises when dealing with the problem of indirect expropriation in the host country.The forth Chapter is about the choice of the way to settle investment disputes between state-owned enterprises and host countries.Take the case of Beijing City Construction v.Yemen as a reference.Suggestions are made on how to properly choose the way to settle investment disputes for state-owned enterprises.