A Study On The Legal Issues Of Establishing ICSID Appeal Mechanism

Since the 1990 s,the number of ICSID cases has increased greatly,and the scope of cases involved has gradually expanded.More and more countries have begun to learn to use ICSID mechanism to solve international investment disputes.However,with the gradual expansion of ICSID's influence in the field of international investment dispute settlement,the problems such as inconsistent arbitration awards,lack of effective relief measures,and the unfairness of the awards appear frequently,deepening the "trust crisis" of ICSID in the international community.For the above series of "trust crisis",some scholars suggest that we can solve it by improving the cancellation system of ICSID,adding entity review procedure to the cancellation system,or creating a combined trial system,improving the transparency of arbitration,and introducing friends of the court.However,this series of flexible reform programs not only can not fundamentally solve the problems of ICSID in theory and practice,but also may further lead to new problems.In this regard,the purpose of this paper is to reveal the cause of ICSID's "trust crisis" by analyzing the necessity of establishing ICSID's appeal mechanism,then put forward the idea of ICSID's appeal mechanism establishment,and design a specific system framework.Under the system of designing ICSID appeal mechanism,this paper analyzes and proves the feasibility of establishing ICSID appeal mechanism,and provides realistic guarantee for its theoretical system design.Around this logical thinking,this paper is divided into three chapters.The first chapter mainly describes the current ICSID "trust crisis",and analyzes and discusses the scholars' solutions tothe "trust crisis" from a critical perspective,and draws the conclusion that these flexible reform solutions can not effectively solve the ICSID "trust crisis".Then it shows the necessity of establishing ICSID appeal mechanism.The second chapter is mainly about the specific system design of ICSID appeal mechanism.Firstly,based on the discussion draft of ICSID Secretariat in 2004,this paper introduces the idea of the establishment of ICSID appeal mechanism in its own system,and points out the defect and deficiency in the system design of appeal mechanism in the discussion draft.Secondly,it mainly demonstrates the practical feasibility of ICSID's establishment of the appeal mechanism,analyzes the rationality and feasibility of the breakthrough of the appeal mechanism to the final arbitration principle from the perspective of jurisprudence,and further explains the possibility of the modification of the Washington Convention.Using the comparative analysis method,drawing on the successful experience and assumption of the United States and the European Union and other developed countries in the construction of the arbitration appeal agency,further demonstrates the practical feasibility of the establishing ICSID appeal mechanism.In the third chapter,the general structure establishes the basic principles of unified multilateralism,prohibition of abuse of litigation right and relative openness in ICSID appeal mechanism.Further system design is guided by basic principles.Finally,in the aspect of system protection,this paper enumerates several system designs,such as the composition of the appeal arbitral tribunal,the reasonable restriction of the right of appeal,the scope of the review of the appeal mechanism,the relationship between the appeal system and the existing revocation system.Although it can not cover the whole content of the appeal mechanism,it can establish a system framework as a whole.