Analysis Of The Consent Of The Parties In The Case Of Beijing Urban Construction V. Yemeni Government

International Centre for Settlement of Investment Disputes(ICSID)was established to resolve disputes between investors and host countries.Whether ICSID has jurisdiction determines and whether the arbitral tribunal is qualified to mediate or arbitrate a specific case.However,Article 25 of the Washington Convention only makes abstract provisions on ICSID jurisdiction,which to be explained in practice.The subjective element of the ICSID jurisdiction is that the consent of the parties,The confirmation of the consent of the parties is mainly based on the interpretation and application of bilateral investment agreements signed between the host country and the investor's country.Therefore,the jurisdiction has been expanded and applied.The most applicable disputes for the parties to the agreement are the MFN clause and the umbrella clause.The interpretation of the two clauses can reflect whether the host country intends to submit disputes to ICSID arbitration.The acquisition of jurisdiction by a tribunal is an indispensable element.On May 31,2017,The official website of the International Investment Dispute Resolution Center(referred to as the “Center”)announced the jurisdictional ruling on decision of the case of Beijing Urban Construction Group co.Ltd.V.Republic of Yemen Government,and rejected the Yemeni government's objection to jurisdiction.The Center has jurisdiction over the case.The controversy of the Beijing Urban Construction v.Yemen case is the dispute over the jurisdiction of ICSID.This paper selects two disputes concerning the MFN clause and the umbrella clause for analysis.First,it introduces the scope of application of the MFN clause,and then applies the MFN clause in practice.The two cases of whether or not the MFN clause is judged in the ICSID jurisdiction,and then combined with the case for analysis.The analysis of the umbrella clause is also to analyze the scope of the umbrella clause and the case in practice and then analyze it in combination with the case.Through analysis,the author puts forward suggestions on whether the MFN clause and the umbrella clause should be applied and how to apply when submitting the arbitral tribunal arbitration,and how should the application of the two clauses in the arbitration of the arbitral tribunal in China as the host country? The choice made a suggestion.The MFN clause and the umbrella clause are often applied to the judgment of the ICSID jurisdictiondispute as the way the parties agree to expand,which will directly affect the interests of the investor and the host country.Therefore,the importance of the analysis of the application of the two major clauses is self-evident.