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Part I General Framework and Fundamental Observations, 4 Additional Considerations Regarding the ICSID Annulment Mechanism

From: Annulment Under the ICSID Convention

R Doak Bishop, Silvia M Marchili

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Annulment — Arbitral tribunals
4.01 Annulment under the ICSID Convention is only available with respect to ‘awards’. Under Article 48 of the Convention, in turn an ‘award’ ‘shall deal with every question submitted to the Tribunal’. Tribunals, thus, must render decisions finally disposing of the dispute—such as decisions declining jurisdiction—in the form of an award, which the parties can challenge through annulment under Article 52 of the Convention.1 Therefore, preliminary decisions finding jurisdiction or decisions on liability that do not finally dispose of the issues in dispute, for...
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