Research On Disclosure Of Arbitrators’ Conflicts Of Interest In The Context Of ICSID

The type of investment disputes between host government and foreign investors are frequent and intractable in the fields of international investment.To justly and peacefully solve the investment disputes between the host government and foreign investors,increase the confidence of the investment from advanced countries to developing countries,improve the international investment environment and enhance the international cooperation and the flows the investment capital among the countries,in 1965,The Convention on the Settlement of Investment Disputes Between States and National of Other States,(hereinafter called 1965 Washington Convention)was signed in Washington,submitted to the government by the executive directors of the International Bank for Reconstruction and Development and was entered into forced in Oct.14 th,1966.In 1965,to provide facilities for conciliation and arbitration of investment disputes between Contracting State and nationals of other Contracting States in accordance with the provisions of this convention,there is hereby established the International Center for Settlement of Investment Disputes(hereinafter called ISCID).With the frequent appearance and the growing central influence of the international investment,China also became one of the contracting countries in 1993.Under the construction of advancing the Belt and Road Initiative,when the enterprises in China made a great deal of the overseas investment,there also showed lots of disputes.An in-depth study to the relevant system is essential for us to draw on advantages and avoid disadvantages in the future international investment disputes,It becomes to a hot issue for the most recent reform of the arbitration about the exposure of the benefit disputes among the arbitrators to ICSID.Based on the previous studies and references of instances,and combined with the essential cases,this context designs to research the exposure of the benefit disputes among the arbitrators in ICSID,also putting forward few amending advice related to this problem,in the meantime,hope the ICSID will play a more prominent and extensive part in solving the international investment disputes.The first part of the context explains the theoretical basis for the disclosure problem of the arbitrator benefits in international investment.Which includes the definition of the disclosure of the beneficial disputes,the definition of the context,and the substance of the disclosure for the beneficial disputes is about independence and and fairness of the arbitrators.The discussion of the problem introduces the theoretical and practical background of the researching context,which lays the foundation for the second part.The second part in this context analyzes the disclosure to the beneficial disputes of the arbitrators under ICSID.According to three cases,this part started from general theory to the focuses to the beneficial disputes of the arbitrators,introduce and analyzes the related regulation and the problems existed in it under ICSID.The third part connects to the second part,putting forward the strategies to the disclosure to the beneficial disputes of the arbitrators in ICSID.This part responses to the questions of the preceding part of the text,and it also puts forwards the possibly explicit criteria from detailing the disclosure matters,enhancing the responsibilities for the disclosure of the arbitrators’ information and their connections to avoidance of the regulation,and conforming the disclosure to facilitate the datelines of the disclosure to the arbitrators’ information under the arbitration regulation in ICSID.