Research On The Jurisdiction Issues Of Beijing Urban Construction Group V. Yemen Government

In the new era of One Belt And One Road and Community of Shared Future,Chinese enterprises have gradually appeared on the international stage to expand their overseas investment business.But China's state-owned enterprises are often seen internationally as the embodiment of the government because of their special ownership structure and management model,of which the status as investors in ICSID arbitration is doubted.Based on Beijing Urban Construction Group V.the government of Yemen investment dispute case,the criteria for identification of qualified investors and investments in ICSID jurisdiction is researched in typo-logical comparison with other cases.There are four chapters in this paper.The first chapter mainly teases out the basic facts of Beijing Urban Construction Group V.the government of Yemen case,summarizes the dispute focus of the case,and points out the two main problems studied in this paper--whether Beijing Urban Construction Group is an eligible foreign investor and whether Beijing Urban Construction Group's investment is qualified.The second chapter focuses on the suitable subject of Beijing Urban Construction Group.From two micro levels,namely,the criteria of determining the suitability of state-owned enterprises and the consideration of specific factors,this issue is explored in respectively theoretical and practical perspectives.The Broches criteria is favored by the arbitral tribunal,but the consideration of the factors of the nature of state-owned enterprises is relatively vague in the process of confirmation.Through the comparative analysis of the above cases,combined with the theoretical elements,the author tries to explore a more reasonable way of identification.Based on this method,the suitability of Beijing Urban Construction Group is re-examined.And finally,that it is a suitable foreign investor is concluded.The third chapter is for the qualification of Beijing Urban Construction Group's investment.It takes the interpretation method and standard of arbitral tribunal's recognition of investment as two sub-issues and analyzes them from the theoretical and practical perspectives respectively.This part introduces three cases in different periods and summarizes the standards and methods of the arbitral tribunal in determining investment.By checking investment of Beijing urban construction group with Salini standard four elements,its projectcontracting behavior is proved to be a qualified investment.The fourth chapter mainly discusses the enlightenment of this case towards ICSID and China.On the basis of the unjustified inconsistency of adjudication of ICSID jurisdiction,the author tries to put forward some specific measures of improving the coherence of the adjudication.Under the condition of unstable adjudication,China should focus on revising and completing BIT,by designing more clear and specific defining terms of investment and investors to reduce adverse effects of inconsistent adjudication.