On The Construction Of International Investment Arbitration Appeal Mechanism

In recent years,there have been more and more cases related to international investment arbitration,and the problems of the international investment arbitration system have gradually emerged.Among them,the inconsistency of arbitration awards has become the focus of attention on the imbalance in the protection of the interests of both parties to the arbitration.The legitimacy of the international investment arbitration mechanism has been questioned by scholars.By reviewing the history of international investment arbitration,this article finds out the need to establish an appeal mechanism in current international investment arbitration.At the same time,it examines a variety of different arguments about whether such awards should be appealed and proposes the rationality of establishing an appeal mechanism in international investment arbitration.Although for international arbitration,it is necessary to limit the appeals of dissatisfied parties to ensure the efficiency of international investment arbitration,arbitration institutions should propose the option of appealable arbitration as an effective and feasible way of misjudgment in international investment arbitration as a way of making up.On the one hand,providing the right to appeal is one of the elements of access to justice;on the other hand,it is also the autonomy of the parties to decide the dispute.Therefore,this article starts with the analysis of the problems existing in international investment arbitration,which including the inconsistency of arbitration results,the imbalance in the protection of the interests of both parties to the arbitration,and the lack of necessary remedies.It points out the necessity of establishing an appeal mechanism for international investment arbitration,and analyzes and constructs on the basis of the necessity of the international investment arbitration appeal mechanism for further study of its rationality,which includes the practice of relevant countries and organizations that are legally rational and realistic,compare the discussion of the arbitration appeal mechanism of different countries and organizations,and study existing arbitration Appeal mechanism,and finally discuss how to construct an effective national investment appeal mechanism from the choice of models of appeal mechanism and specific appeal matters.