LAW REVIEW
Volume 23 No. 2 (November 2023)

ICSID Annulment: Legal Triumph or Political Galumph?

Putri Prakasa, Adinda (Unknown)
Meliala, Aurora (Unknown)



Article Info

Publish Date
22 Dec 2023

Abstract

The establishment of the International Centre for Settlement of Investment Disputes (ICSID) was driven by the objective of enabling an arbitration process characterized by complete autonomy, self-containment, and independence. One of the significant features of the ICSID system is the capacity to request the annulment of arbitral awards made under its auspices. The annulment process is governed by Article 52(1) of the ICSID Convention and is limited to the grounds set out there in without examining the merits or legal facts. Under Article 52(1)(a) of the ICSID Convention, either party may submit a written application seeking annulment on the grounds of the improper constitution of the tribunal. This ground is rarely invoked, and an award was only annulled for the first time in 2020. There is no consensus on the conditions under which this ground may be invoked. This research aims to discuss the applicable standard of the ICSID annulment grounds concerning the improper constitution of the Tribunal. A normative legal method focusing on the statute and case approaches is applied to achieve this objective. After reviewing previous legal cases, the annulment standard regarding the tribunal's improper constitution is quite uncertain within the ICSID framework. To improve the awards, scholars have proposed various proposals for reforming the ICSID annulment system, such as establishing a doctrine of "precedent," a single appellate body, and precise requirements for arbitrators to be impartial.

Copyrights © 2023






Journal Info

Abbrev

LR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, ...