ICSID Annulment Reform: Are We Looking at the Right Problem?
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Introduction
Professor Schreuer noted in 2009, "[i]n every published annulment decision to date, ad hoc committees have stressed th[e] distinction [between annulment and appeal]. They have stated repeatedly that their functions are limited and that they do not have the powers of a court of appeal . . . . Committees have insisted that a decision to annul had to be based on one of the five reasons listed in Article 52(1) and they could not review the awards' findings for errors of fact or law." Committees also have stressed the importance of evaluating each claim against the particular Article 52(1) ...