Abstract

The recent Elsamex decision marks the first time an ad hoc committee has considered a preliminary objection in the context of ICSID annulment proceedings. Since 2006, preliminary objections, which strike a balance between efficiency and due process, have only been considered during main arbitral proceedings, not annulment applications. After briefly explaining the history of preliminary objections, which were brought into ICSID arbitrations through the 2006 amendments to the ICSID Arbitration Rules, the author argues that the Elsamex ad hoc committee generally struck the balance between ...