Part II Grounds for Annulment, 5 Improper Constitution of Tribunal

5.01 Article 52(1)(a) provides that parties may request the annulment of an ICSID award if ‘the Tribunal was not properly constituted’. Other instruments, such as the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, contain similar provisions.1 5.02 This chapter describes the main rules governing the constitution of ICSID tribunals (Section A); the drafting history of Article 52(1)(a) (Section B); the applicable standard under Article 52(1)(a) (Section C); the...