The practice of expansion of jurisdiction by some ICSID tribunals contributes to the legitimacy crisis of international investment arbitration. This chapter examines the various approaches used by ICSID tribunals in practice to expand their jurisdiction, the possible reasons for such expansion and the potential damages caused thereby.

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The Legitimacy Crisis of International Investment Arbitration: The Expansion of Jurisdiction by Tribunal

  • Huiping Chen

摘要

The practice of expansion of jurisdiction by some ICSID tribunals contributes to the legitimacy crisis of international investment arbitration. This chapter examines the various approaches used by ICSID tribunals in practice to expand their jurisdiction, the possible reasons for such expansion and the potential damages caused thereby.