Title Page
ABSTRACT
Contents
ABBREVIATIONS 11
INTRODUCTION 12
CHAPTER I: GENERAL CONCEPT OF DISPUTE AND DISPUTE SETTLEMENT BETWEEN HOST STATE AND FOREIGN INVESTORS 16
1.1. General understanding of foreign investment and investment dispute between host state and foreign investors 16
1.1.1. Foreign investment 16
1.1.2. Investment dispute between host state and foreign investors 20
1.2. Investment dispute settlement between host state and foreign investors 25
1.2.1. Definition of dispute settlement 25
1.2.2. Roles of dispute settlement between host state and foreign investors 26
1.2.3. Requirements of dispute settlement between host state and foreign investors 27
1.2.4. Methods of dispute settlement 29
1.2.5. The legal basis of dispute settlement between host state and foreign investors 35
1.2.6. Arbitration as a dispute settlement mechanism under international law 38
CHAPTER II: INVESTMENT DISPUTE SETTLEMENT UNDER THE REGIME OF ICSID 43
2.1. International Centre for Settlement of Investment Dispute 43
2.2. ICSID dispute settlement facilities 45
2.2.1. ICSID Convention, Regulations and Rules 45
2.2.2. ICSID Additional Facility Rules 47
2.2.3. Other dispute settlement activities of the centre 47
2.3. ICSID Arbitration Rules 48
2.3.1. Jurisdiction and consent to ICSID jurisdiction 48
2.3.2. Composition of ICSID arbitral tribunal 59
2.3.3. The secretariat of ICSID 61
2.3.4. Applicable Law 64
2.3.5. Award, enforcement and annulment 68
CHAPTER III: CURRENT SITUATION OF FOREIGN INVESTMENT AND DISPUTE SETTLEMENT BETWEEN HOST STATE AND FOREIGN INVESTORS IN VIETNAM 76
3.1. Current situation of foreign investment in Vietnam 76
3.2. Practice of dispute settlement between the government of Vietnam and foreign investors 79
CHAPTER IV: PRACTICE OF DISPUTE SETTLEMENT UNDER ICSID IN SEVERAL COUNTRIES 88
4.1. The United States 88
4.1.1. General situation regarding dispute settlement between the United States and foreign investors 88
4.1.2. Mondev International Ltd. v. the United States of America 89
4.2. Peru 96
4.2.1. General situation regarding dispute settlement between Peru and foreign investors 96
4.2.2. Aguaytia Energy, LLC v. Republic of Peru 98
CHAPTER V: PROPOSALS FOR INVESTMENT DISPUTE SETTLEMENT BETWEEN HOST STATE AND FOREIGN INVESTORS 104
5.1. Proposals for Vietnam 104
5.1.1. Decision to join 1965 Washington Convention 104
5.1.2. Necessaries that Vietnam needs to prepare for joining 1965 Washington Convention 111
5.2. Proposals for dispute settlement under the regime of ICSID 118
5.2.1. Assure an equitable dispute settlement regime 118
5.2.2. Costs and transparency of dispute settlement under ICSID 120
5.2.3. Compliance with awards 122
5.2.4. The need for a full-time leader 123
CONCLUSION 126
REFERENCE 128