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争议双方之间达成提交仲裁解决争议的合意是传统仲裁的基础。20世纪80年代末以来,随着各国间双边或多边保护投资条约及安排数量激增,投资保护范围不断扩大,各仲裁机构尤其是解决投资争端国际中心(ICSID)管辖权明显加强,“无默契仲裁”(Arbitration without Privity)初现端倪,使得国际投资争端解决模式进入一个全新的发展阶
The agreement between the parties to the dispute to submit the dispute to arbitration is the basis of traditional arbitration. Since the late 1980s, with the proliferation of investment treaties and arrangements for bilateral or multilateral protection in various countries, the scope of investment protection has been expanding and the jurisdiction of arbitration institutions, especially the International Center for Settlement of Investment Disputes (ICSID) has been significantly strengthened. “There is no tacit agreement Arbitration without Privity ”is beginning to take shape, bringing the international investment dispute settlement model into a whole new stage of development