Annulment under the ICSID Convention

Arbitration / Mediation / Litigation

Annulment under the ICSID Convention

Edited by R. Doak Bishop · Silvia M. Marchili
Oxford University Press December 2012

Specifications

ISBN-13
9780199653744
Publisher
Oxford University Press
Publication
December 2012
Format
Hardback , 336 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • The first book to thoroughly analyse annulment in investment arbitration
  • Assists analysis of the threat and benefit of a potential annulment in arbitrations under ICSID
  • Provides an essential resource given the vast ICSID caseload and the relevance of the annulment features of the ICSID system
  • Helpful exposition of the 'dos and don'ts' in drafting awards, to assist in avoiding an annulment
  • Useful tool for drafting annulment decisions

The book systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far as well as the publications on the issue. 

Organised to suit the needs of the practitioner, it outlines the recent trends in the area, providing the most up to date analysis of the subject. It also addresses key topics involving ICSID annulment such as the procedural issues which frequently arise in this type of proceedings, for example admissability of new evidence and arguments in annulment proceedings, res judicata in resubmitted cases. 

The sections on each ground for annulment include an analysis of the applicable standard as well as a detailed description and study of each annulment decision that addressed the respective ground, creating an authoritative and complete resource.

Readership: Legal practitioners specializing in investment arbitration, public interest groups and international bodies or organisations dealing with international investment arbitration, as well as academics and postgraduate students with an interest in international investment arbitration and public international law.

Table of Contents

Part 1: Introduction
1: Introduction to ICSID Annulment
2: Annulment of ICSID Awards - General Framework and Fundamental Observations
Part 2:Grounds for Annulment
3: Improper Constitution of Tribunal
4: Manifest Excess of Powers
5: Corruption of one of the Members of the Tribunal
6: Serious Departure from a Fundamental Rule of Procedure
7: Failure to State Reasons on Which the Award is Based
8: Scope of Annulment Regarding Specific Issues
Part 3: Annulment in Practice
9: Annulment Procedure
10: Stay of Enforcement And Guarantees
11: Res Judicata and Resubmissions
12: Comparison with Other Annulment Mechanisms
13: Proposals to Modify the ICSID Annulment Mechanisms
14: Suggested Guidelines for Counsel, Arbitrators, and Commitee Members
Appendix
Summary of ICSID Annulment Decisions

About the Author

R. Doak Bishop, Senior Partner, King and Spalding, Houston, and Silvia M. Marchili, Senior Associate, King and Spalding, Houston

R. Doak Bishop is the Co-Chair of King & Spalding's International Arbitration Group. Mr Bishop has over 30 years experience focusing on international arbitration and litigation of oil and gas, energy, construction, and environmental disputes. He has developed a worldwide reputation for his experience in international arbitration, serving both as an arbitrator and counsel in large business disputes. Ranked by Chambers Global: Guide to the World's Leading Lawyers as one of the world's top lawyers in international arbitration and concerning Latin America, and ranked by Chambers USA: America's Leading Lawyers for Business in the first tier of practitioners in international arbitration and energy. Consistently recognized as a 'Texas Super Lawyer' in the area of international law; recognized in The Best Lawyers in America; Who's Who Legal of International Commercial Arbitration, The Legal 500, and Legal Media Group's Guide to the World's Leading Experts in Commercial Arbitration.

Silvia M. Marchili is a Senior Associate in King & Spalding's International Arbitration Group. Ms Marchili's practice focuses on representing global companies in complex international arbitration cases. Ms Marchili has substantial experience in commercial arbitrations as well as in investment arbitrations against foreign governments before the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) and other arbitration institutions. Prior to joining King & Spalding in 2006, Ms Marchili was an associate for M. & M. Bomchil, a major Argentine law firm, for four years. She has lectured on international dispute resolution at University of Buenos Aires. Ms Marchili regularly speaks at international arbitration conferences and has authored several articles on the subject.

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