Research On The Acceptance Conditions Of The Host State Counterclaim In International Investment Arbitration

The main purpose of the investment dispute settlement mechanism is to resolve the investment disputes between the two parties.However,compared with the host country,the investor is a weaker party,so the arbitral tribunal constantly favors the investor when resolving disputes between the two parties,while turning a deaf ear to the interests of the host country,resulting in an imbalance of interests between the two parties.This has also led some countries to use the counterclaim rule in arbitration to defend their national interests.However,most of the counterclaims filed were rejected by the arbitral tribunal,and only a very small number of host country counterclaims were upheld.The main reason is that the relevant provisions in the investment agreement are not conducive to the host country’s counterclaim,and the conditions for the arbitral tribunal to accept the host country’s counterclaim are extremely strict.Based on this,this thesis studies the conditions for the acceptance of the host country’s counterclaim in international investment arbitration,seeks the cause of the counterclaim,the current development status,the specific content of the dispute settlement clause in the investment agreement and related practical cases,and focuses on the host country’s counterclaim acceptance.The three main conditions in the issue:the determination of the subject of the dispute,the determination of the disputing party’s consent,and the correlation between the counterclaim and the original claim,and combined with China’s current investment development status,put forward corresponding countermeasures for China to deal with the above problems: first,in the treaty.It clearly stipulates the subject of the dispute and ensures the consistency of the counterclaim with the subject of the original claim;secondly,set clear counterclaim rules in the treaty and appropriately expand the scope of dispute jurisdiction;finally,stipulate the obligations of investors in the treaty and apply the "ICSID Arbitration Rules.