Abstract

From the very first cases, Klöckner I and Amco I, prominent scholars and practitioners have debated and commented the scope of Article 52 and its actual application by ad hoc Committees. The debate continues. In fact, ICSID itself recently released a background paper on its annulment process in response to a request by the Solicitor General of the Philippines. This essay will reengage with the spirited debate between Professor Michael Reisman and Aaron Broches of two decades ago. It will try to assess, by reference to subsequent decided cases, which analysis has been ...