MOFCOM Gave High Evaluation to Our Suggestions of Modifying ICSID’s Arbitration Rules

Published: 2017-04-24 Views:

In November 2016, ICSID initiated the modification to its rules for arbitration and sought for its member states’ suggestions.

The next month our Research Center for the Settlement of International Investment Disputes received invitation from MOFCOM (Ministry of Commerce) Department of Treaty and Law (hereinafter refer as ‘The Department’) to do research in the modification of ICSID’s arbitration rules and submitted the suggestions of amendments through active participation and efforts.

Professor Chen Huiping made suggestions on the jurisdiction of the case to the ICSID secretariat and the rule on implementing the awards.

Professor Han Xiuli put suggestion on the issues of the prerequisite of implemention and the legally binding force of the temporary measures.

Processor Cai Congyan gave his suggestions on the Rule 41 in the ICSID about the increase of types in the objections to the jurisdiction of the Centre.

Doctor Yu Zhanmin advised to add regulations on the funding to the third-party in the Arbitration rules of ICSID.

On March 31st, 2017, the Department issued acknowledgement letters to the Research Center, and appreciated its research results  as well-founded argued, in high-theoretical-research level, and with  great reference-value.

The Research Center for the Settlement of International Investment Disputes of Xiamen University was co-established by the law school of XMU, Haoliwen Parteners Law Office, and Global Law Office in June of 2015.

Since its establishment, the Center has actively engaged in the research on the mechanism of international investment disputes settlement and organization of the annual Seminar on International Investment Law co-held by the Chinese Society of International Economic Law (CSIEL) and The Department of Treaty and Law of the Ministry of Commerce.

 

Writer/ Hao Yupeng

Translator/ Dong Xiaoqing, Yi Leiye