ICSID Appeal Mechanism Research

ICSID,as a specialized agency dealing with international investment disputes,was established by the world bank in 1966 to deal with investment disputes between host governments and foreign private investors.At the beginning of the establishment of ICSID,the number of cases accepted by ICSID has been relatively low,but it also played a greater role in it,reflecting its own value.Since the end of the 20th century,the situation of international investment has been improving,which has led to frequent international investment disputes and finally increased the number of cases accepted by ICSID.However,in the operation of ICSID arbitration mechanism,some problems are gradually exposed,such as the inconsistency of arbitration award results,the neglect of the national conditions of developing countries and the transparency of arbitration,which make the award results face a crisis of legitimacy.In order to enable both parties to obtain fair and timely handling results,it is necessary to establish an appeal mechanism of ICSID.After the completion of ICSID general arbitration,one party to the dispute can be granted the right to appeal,and both parties to the dispute can obtain fair handling results.The western developed countries,represented by the United States,have directly stipulated a separate appeal mechanism in some unilateral treaties signed by them,and hold a positive attitude towards the establishment of the appeal mechanism.In recent years,ICSID has carried out some reforms,but it still hasn’ t broken through the original framework constraints,such as the arbitration finality system of traditional commercial arbitration.It is an inevitable choice to break the shackles of the original framework and establish an appeal mechanism in line with the requirements of international investment disputes.The research structure of this paper mainly includes the following parts:The first chapter is the introduction.It mainly analyzes the research background,research purpose,significance and research methods.The increase of international investment dispute cases,the deficiency of ICSID system and the demand of international community for the establishment of the appeal mechanism constitute the background of the establishment of the appeal mechanism.The purpose of this paper is to analyze and study the establishment of the appeal mechanism on the premise of the analysis of the background,and finally put forward the opinions and suggestions on the establishment of the ICSID appeal mechanism;literature research methods,case analysis methods,etc Research methods constitute the main research methods of this paper.The second chapter is an overview of ICSID arbitration mechanism.This part is a general study of ICSID arbitration system.Starting from the concept of international investment disputes,it analyzes the background of ICSID:the collapse of the cold war pattern,frequent transnational investment activities,the third scientific and technological revolution,world economic integration and other factors constitute the background of ICSID arbitration system;the existing mechanisms include mediation and ICSID general arbitration,and introduces the relevant characteristics;ICSID The meaning of appeal mechanism is analyzed and introduced.Finally,it analyzes China and ICSID,introduces the process of China’ s accession,analyzes the attitude and transformation of ICSID in the early stage of China’ s accession,and the impact of ICSID system on China.The third chapter is the necessity and feasibility of ICSID appeal mechanism.Through the analysis of this chapter,it shows the urgency and necessity of establishing the appeal mechanism.The analysis of cases,ICSID’ s case acceptance and the problems reflected provide practical materials for the research of this paper;the necessity of establishing appeal mechanism is to demonstrate the necessity of establishing appeal mechanism from the aspects of justice,ICSID’s own development and interest balance;the feasibility of establishing ICSID’s appeal mechanism explains the appeal mechanism The mechanism can be and can be set up,mainly because foreign investors have practical needs for investment security,the need for host countries to introduce foreign investment,and the practice of existing arbitration and appeal mechanism.The fourth chapter is the suggestion of ICSID appeal mechanism.This part is through the above and part of the analysis and summary of the ICSID on the construction of the appeal mechanism.The first is to build the principles and models of ICSID appeal mechanism.The emergence of a system and mechanism must have its own specific principles.Because of the particularity of the establishment of ICSID appeal mechanism(only the arbitration revocation system itself),the choice of appeal-mechanism model must also be studied.The specific measures to build ICSID appeal mechanism include:1 The purpose and purpose of the establishment of the litigation mechanism,the composition of the institution and the appeal procedure,the scope and object of application,the reasons for the appeal and the authority of the review of the appeal,the effectiveness and implementation of the appeal decision and other aspects are analyzed.Finally,how to deal with and how to reasonably use the ICSID appeal mechanism before and after its establishment are analyzed.Chapter five is the conclusion.ICSID is established to solve international investment disputes.Its establishment has its specific historical background.But in the new situation,facing the rapid development of international economy,we should actively change the original system that does not meet the needs of the times.The establishment of the appeal mechanism to eliminate the original disadvantages can also adapt to the increasing number of investment disputes.