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伴随《解决国家与他国国民间投资争端公约》(《ICSID公约》)仲裁的日益增长及对该仲裁正当性的质疑,该公约框架下裁决的撤销程序得到越来越多的利用。本文基于考察该撤销程序的总体利用情况,指出其局限性,即撤销程序无法保证裁决的正当性和正确性,却使当事方陷于诉累,因此也无法实现争端方所追求的实质正义。最后本文从东道国的角度分析了对策考量。
With the increasing arbitration of the Convention on the Settlement of National Investment Disputes between States and Other States (“the ICSID Convention”) and the question of the legitimacy of the arbitration, the procedure for the cancellation of awards under the framework of the Convention has been increasingly used. Based on the investigation of the overall utilization of the revocation procedure, this article points out its limitation that the revocation procedure can not guarantee the validity and correctness of the award, but leaves the parties involved in court proceedings and therefore can not achieve the substantive justice pursued by the parties in dispute. Finally, this paper analyzes the countermeasures from the perspective of the host country.