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ICSID Annulment Revisited

ICSID Annulment Revisited Legal Issues of Economic Integration 30(2): 103­122, 2003. © 2003 Kluwer Law International. Printed in the Netherlands. By Christoph Schreuer 1. Introduction In non-ICSID arbitration, the normal way to challenge an award is through national courts. This is done by the courts of the country in which the tribunal had its seat or by the courts charged with the task of enforcing the award. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, in its Article V, lists a number of grounds on the basis of which recognition and enforcement of a non-national arbitral award may be refused at the request of a party.1 The UNCITRAL Model Law on International Commercial Arbitration of 1985 foresees a limited number of grounds for setting aside or for non-recognition of an international commercial award by a domestic court, which are closely modeled on Article V of the New York Convention.2 By contrast, ICSID awards are not subject to the annulment or any other form of scrutiny by domestic courts. Rather, the ICSID Convention offers its own self-contained system for review. Under this procedure, an ad hoc committee, appointed by the Chairman of ICSID's Administrative Council,3 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

ICSID Annulment Revisited

Legal Issues of Economic Integration , Volume 30 (2) – Sep 1, 2003

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
0377-0915
Publisher site
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Abstract

Legal Issues of Economic Integration 30(2): 103­122, 2003. © 2003 Kluwer Law International. Printed in the Netherlands. By Christoph Schreuer 1. Introduction In non-ICSID arbitration, the normal way to challenge an award is through national courts. This is done by the courts of the country in which the tribunal had its seat or by the courts charged with the task of enforcing the award. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, in its Article V, lists a number of grounds on the basis of which recognition and enforcement of a non-national arbitral award may be refused at the request of a party.1 The UNCITRAL Model Law on International Commercial Arbitration of 1985 foresees a limited number of grounds for setting aside or for non-recognition of an international commercial award by a domestic court, which are closely modeled on Article V of the New York Convention.2 By contrast, ICSID awards are not subject to the annulment or any other form of scrutiny by domestic courts. Rather, the ICSID Convention offers its own self-contained system for review. Under this procedure, an ad hoc committee, appointed by the Chairman of ICSID's Administrative Council,3

Journal

Legal Issues of Economic IntegrationKluwer Law International

Published: Sep 1, 2003

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