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Book Review: Annulment Under the ICSID Convention , written by R. Doak Bishop and Silvia M. Marchili

Book Review: Annulment Under the ICSID Convention , written by R. Doak Bishop and Silvia M. Marchili Oxford: Oxford University Press, 2012. Pp. 336. £142.50. ISBN: 978-0-19-965374-4. There has been considerable discussion about the scope of annulment by ad hoc committees, and whether or not reforms to the regime under Article 52(1) of the ICSID Convention are needed. Much of that discussion was prompted by a handful of annulment decisions rendered from June to August 2010 ( Helnan, Sempra , Enron , and Vivendi II ) 1 that were criticized as having overreached the intended scope of the review. In the months that followed those decisions, however, other ad hoc committees rendered decisions ( Vieira , Fraport , and Duke ) 2 that suggested that a ‘readjustment’ was underway, justifying cautious optimism that the limited nature of annulment intended by the drafters of the ICSID Convention would be respected. 3 The later more cautious trend has continued through to 2014. There is, however, a separate phenomenon that has emerged during that same time period: a marked increase in the number of annulment applications instituted at ICSID. 4 In short, what was once an application of an extraordinary nature is becoming a ‘knee jerk’ reaction to any party’s perceived loss of an ICSID Convention arbitration. The http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Book Review: Annulment Under the ICSID Convention , written by R. Doak Bishop and Silvia M. Marchili

Journal of World Investment and Trade , Volume 16 (3): 573 – May 12, 2015

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Book Reviews
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-01603008
Publisher site
See Article on Publisher Site

Abstract

Oxford: Oxford University Press, 2012. Pp. 336. £142.50. ISBN: 978-0-19-965374-4. There has been considerable discussion about the scope of annulment by ad hoc committees, and whether or not reforms to the regime under Article 52(1) of the ICSID Convention are needed. Much of that discussion was prompted by a handful of annulment decisions rendered from June to August 2010 ( Helnan, Sempra , Enron , and Vivendi II ) 1 that were criticized as having overreached the intended scope of the review. In the months that followed those decisions, however, other ad hoc committees rendered decisions ( Vieira , Fraport , and Duke ) 2 that suggested that a ‘readjustment’ was underway, justifying cautious optimism that the limited nature of annulment intended by the drafters of the ICSID Convention would be respected. 3 The later more cautious trend has continued through to 2014. There is, however, a separate phenomenon that has emerged during that same time period: a marked increase in the number of annulment applications instituted at ICSID. 4 In short, what was once an application of an extraordinary nature is becoming a ‘knee jerk’ reaction to any party’s perceived loss of an ICSID Convention arbitration. The

Journal

Journal of World Investment and TradeBrill

Published: May 12, 2015

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