The trembling legitimacy of the ICSID annulment system in the light of decisions by Ad Hoc Committees vis-à-vis the Ad Hoc Committee decisions
Article from: TDM 1 (2014), in Reform of Investor-State Dispute Settlement
Introduction
Since 2001 there has been a considerable increase in annulment proceedings. According to the ICSID Convention, the annulment is an extraordinary remedy designed for a limited scope of review of five specific grounds provided under Article 52 of the ICSID Convention, which sets the general procedural framework for annulment proceedings. The Ad Hoc Committees are intended to review solely the arguments for annulment filed by the petitioning party and must only decide on aspects of five specific grounds of the Tribunal award. However, the extensive interpretations of Ad Hoc Committees are ...