| With the prosperous development of international economy at the end of the 20 th century,there are more and more legal disputes between international investment.The arbitration procedure under the ICSID mechanism has also become an important platform to resolve international investment disputes.However,the development of things will always encounter obstacles,such as the inconsistency of ICSID arbitration awards,insufficient supervision and the lack of protection of the public interests of the host country,which make the ICSID arbitration appear legitimacy crisis,and the establishment of ICSID appeal mechanism should be an effective way to resolve this crisis.The purpose of this paper is to analyze the necessity and legal value of the ICSID appeal mechanism,to explain the reasons for the establishment of the appeal mechanism,and further analyze the problems faced in the establishment process,and then design the framework of the ICSID appeal mechanism.Around this writing logic and thinking,this paper is divided into five parts.The first part is an overview of the ICSID arbitration mechanism,clarifying the origin and specific content of the ICSID arbitration mechanism,as well as the limitations of its own mechanism.ICSID is different from other arbitrations in that the subject of acceptance and the nature of the case are special.However,the current one-award final ruling system makes the limitations of ICSID increasingly prominent in practice.The international community is actively exploring feasible reform methods,and the construction of the appeal mechanism has become the focus of discussion.The second part mainly analyzes the legitimacy crisis of ICSID arbitration,and the resolution of the appeal mechanism to the crisis,and then demonstrates the necessity of constructing the ICSID appeal mechanism.The ICSID appeal mechanism can strengthen the unity of arbitration awards in view of the legitimacy crisis,and because the appeal mechanism itself is a review of the original award,it can also play the role of strengthening the supervision of arbitration,which is an opportunity to balance the interests of all parties once again.The third part is the legal value of establishing the ICSID appeal mechanism.From the perspective of legal principles,the establishment of ICSID appeal mechanism is an inevitable choice to balance legal costs and benefits,as well as the creation and maintenance of legal rules.At the same time,the legal value orientation of ICSID appeal mechanism is analyzed from three aspects of freedom,fairness and justice,and public interest protection,which further proves the reason of establishing ICSID appeal mechanism.The fourth part is the analysis of the ICSID appeal mechanism in the process of building the main problems.To study a new mechanism,we should not only clarify the reasons for its establishment,but also find out the problems and obstacles that may be encountered in the construction process.This paper focuses on the subjective bias of the appellate court,the abuse of the right of appeal,the connection between appeal and internal supervision mechanism,the selection of appeal hearing scope and the difficulty of approval of appeal scheme,so as to solve the problems in the construction of ICSID appeal mechanism.Finally,the specific framework design of ICSID appeal mechanism is studied.In view of the problems faced by the ICSID appeal mechanism,this paper solves them one by one,and designs the system from the aspects of the composition of the appellate panel,the start and time limit of the appeal procedure,the choice of the appeal mode,the scope and result of the appeal review,and the revision of the Washington Convention.Although it cannot cover all the contents of the appeal mechanism,it can outline an institutional framework on the whole,and provide experience and academic reference for future research on more specific system design. |
