10.01 This chapter surveys ICSID practice regarding issues that are not strictly related to the specific grounds for annulment under Article 52 in particular, but pose certain challenges to parties and committees when defining the scope of review for annulment. Those issues include factual findings, the production of new evidence and the submission of new arguments, the tribunal’s findings on damages, interest, and cost, and res judicata in resubmission proceedings. 10.02 In annulment proceedings, facts can be relevant at two different levels. They may be relevant...
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