| In recent years,with the increase in the number of cases accepted by the International Centre for Settlement of Investment Disputes(ICSID),various shortcomings and deficiencies in the ICSID arbitration mechanism have gradually been exposed in practice,especially the lack of consistency in arbitration awards,the lack of error correction mechanisms and ignoring the public interest of the host country have made countries question the legitimacy and rationality of ICSID rulings.ICSID is facing unprecedented crises and challenges.Since the existing relief measures cannot make up for the defects of the ICSID arbitration mechanism,the international community has begun to seek reform and improvement of the ICSID arbitration mechanism.The establishment of the ICSID arbitration appeal mechanism as a feasible reform measure has attracted attention and discussion from all parties.In January 2020,the third working group of the United Nations Commission on International Trade Law also proposed a series of related reform plans at the 38th session.There are five chapters in this article,the main contents are as follows:The first chapter explains the background of the topic,the significance of the research,the literature review at home and abroad,as well as the research ideas,research methods,and research innovations.The second chapter introduces the origin and evolution of the ICSID arbitration appeal mechanism.First,this chapter explains the background of proposing the ICSID arbitration appeal mechanism,and then explains that since the ICSID arbitration appeal mechanism was proposed,as the international environment changes,its specific model assumptions have also changed.The third chapter elaborates on the dispute over the model of ICSID arbitration and appeal mechanism.It first compares three typical models of ICSID arbitration and appeal mechanism,and demonstrates the advantages of constructing ICSID arbitration and appeal mechanism within the framework of ICSID.The fourth chapter compares and analyzes the existing authoritative arbitration appeal mechanism in the world.The fifth chapter is the elaboration of the specific suggestions for ICSID arbitration appeal mechanism. |
