Title Page
ABSTRACT
Contents
CHAPTER I: Statement of Problem 10
1. The Case Brief of 'Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) Company of China, Limited v. Kingdom of Belgium' 10
2. The Issue of Ping An Case. 16
(1) The Validity of the Treaty. 18
(2) Consent 19
(3) Disputes about investment 20
CHAPTER II: The Validity of the Treaty 21
1. Entry into Force 21
2. Terminal of Treaties 27
3. Interpretation of Treaties 29
Textualism. 31
Intentionalist. 32
Teleological. 33
4. Application of Treaties 35
5. Analysis of Ping An Case 38
Chapter III: The Consent Requirement 42
1. The ICSID's Form to Consent 43
2. The ICSID's Approach to Consent 45
(1) Consent Through Agreement Between the Parties 46
(2) Consent Through Host country Legislation 50
(3) Consent Through BITs 52
3. The ICSID's Condition to Consent 55
(1) Exhaustion of Local Remedies 55
(2) Attempt at Amicable Settlement 56
(3) Prior Conciliation 57
4. Analysis of Ping An Case 58
Chapter IV: The Concept of 'Investment' In Arbitration 62
1. The Concept of Investment in Arbitration 63
(1) Type of The Investment Definitions 67
(2) The Approach of Defining Investment 68
(3) Background of the Term "Investment" 70
2. Analysis of Ping An Case 72
Chapter V: Enlightenment of the Case 75
1. Enlightenment to The Country 75
(1) To Develop and Improve the Corresponding Laws and Regulations 75
(2) To Establish Talent Reserve Base 79
(3) familiar with and grasp the investment environment 80
(4) To Improve the Overseas Investment Insurance System 81
2. the inspiration for the enterprise 82
(1) early recruitment of professionals involved in the dispute 82
(2) focus on training the legal team 83
(3) Preservation And Collection of Evidence 84
Conclusion 85
Reference 86