Research On The Counterclaims Of Host States In International Investment Arbitration

In the 1990 s,with the reform and opening up,investment exchange activities of various countries became increasingly frequent.Investment activities can stimulate economic development,and the increase in investment activities also requires a good investment environment for development and regulation.When foreign investors enter other countries to invest,they are most concerned about whether they can stably carry out activities and make profits.Therefore,in order to encourage investment activities between countries,international investment treaties are signed,which usually do not involve the obligations of investors,but are mostly host countries.Obligations and rights of investors.The Convention on the Settlement of Investment Disputes between States and Other Nationals(hereinafter referred to as the ICSID Convention),the United Nations Commission on International Trade Law Arbitration Rules(hereinafter referred to as the UNCITRAL Arbitration Rules),and other arbitration rules allow host countries to make counterclaims in order to It is guaranteed that the host country can fairly claim its rights and interests in the arbitration,but the host country has fewer counterclaims and it is more difficult to succeed.This article studies the international investment treaty involving the host country's counterclaim and the case in international investment arbitration.It finds that the host country raised two counterclaims in the international investment arbitration,namely whether the counterclaim falls within the jurisdiction of the arbitral tribunal and the counterclaim.Whether it meets the relevant requirements of the original claim.There are still different opinions on whether the arbitral tribunal has the jurisdiction of the host country and whether the host country's counterclaim meets the requirements.This article aims to adopt existing treaties,arbitration rules and arbitration cases.Analyze and clarify the criteria for judging the counterclaim's jurisdiction in international investment arbitration,and how to interpret the counterclaim's connection with the original claim.The thesis was divided into four parts:The first chapter is the connotation analysis of counterclaim and the questions raised in this article.It mainly clarifies the connotation of counterclaim and the value of counterclaim in international investment arbitration.The second mainly discusses the issue of counterclaim jurisdiction by the host country.The consent of the parties is an important basis for the arbitral tribunal to obtain jurisdiction.Any investment dispute submitted to arbitration requires the consent of the foreign investor and the host country.It mainly analyzes the impact on the jurisdiction of the arbitral tribunal from the scope of the dispute,the subject qualification of the arbitration,and the applicable arbitration rules.The third chapter analyzes the connection between the counterclaim and the original claim.Because investment treaty arbitration has its particularity,by comparing contract-based investment arbitration,we analyze the different judgment results of the ICSID arbitral tribunal and the UNCITRAL arbitral tribunal in the face of connectivity issues,and compare the two judgment standards.Finally,the above analysis is applied to China's practice.As China is a party to ICSID,this article analyzes the proposed amendments to the recent amendments to the ICSID arbitration rules,which shows that ICSID's attitude to counterclaims.In the process of concluding an investment treaty in the future,China should also improve counterclaim requirements and safeguard its public interests and regulatory powers.