6.01 Unlike Article 52(1)(a), manifest excess of powers is the most commonly invoked and most frequently found ground for annulment under the ICSID Convention. This chapter describes the tribunals’ powers under the Convention, and discusses the background and drafting history of Article 52(1)(b) before analysing the standard for annulment under Article 52(1)(b). The issues of manifest excess of power in the context of jurisdictional issues and failure to apply the governing law are then addressed. 6.02 Articles 41 to 47 of the ICSID Convention describe the...
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