Research On Umbrella Clause Interpretation Of Bilater Al Investment Treaties

With the facilitation of international investment, the development of integration, liberalization, foreign direct investment is to get a high-speed development, various types of disputes between foreign investors and host countries are also emerging with each other, but also the way of investment disputes happened adapted from the traditional political controversy for controversy manage properties. As a beginning investor protection umbrella clause in developed countries also experienced unconditionally applicable to restrictive applicable changes. Its original intention was to develop a comprehensive protection for private investors, and then into the balance of interests between the host government and private investors, and from the perspective of the dispute settlement mechanism, the umbrella clause provides a new way, would violate behavior contract into a violation of international treaties dimensions dispute settlement. But international arbitration institutions in the specific application of umbrella clause or facing some problems, mainly how to deal with the relationship between investors filed complaints contract dispute between v and investment treaties, and how specific arbitration jurisdiction should be identified. Current perspective, the international umbrella clause does not apply a uniform standard, according to some of the cases tend to look more investor arbitration practice, depending on the applicable standards of foreign investors and host governments will have different effects, benefits conflict has become difficult unified standard reasons. The purpose of the umbrella clause itself is adjustable interests of the host government and foreign investors between, in practice, to fully achieve this balance is difficult, most arbitration institutions and theorists are more focus on the protection of foreign investors interests, which will have some negative impact on the host government. Most current bilateral investment agreements signed between China and foreign countries are included umbrella clause, so the specific scope of the umbrella clause we need further research. This paper is divided into three parts elaborated:The first chapter describes the umbrella clause of the origin and development,elaborated by changing development and the development of dual variable.The second chapter describes the ICSID expanded interpretation center and limitations applicable to the arbitral tribunal’s interpretation of a classic case of the umbrella clause applicable practices were analyzed, while comprehensive appraisal of the above two methods explained, reasonable restrictions say umbrella terms for an explanation.Third chapter of bilateral trade and investment agreements umbrella clause applicable specific analyzes, and the problems raised. Here that the signing of the umbrella clause of the national body dimensions and needs from the perspective of private investors to distinguish applicable "umbrella clause".