8.01 Article 52(1)(d) provides that an award may be annulled due to a ‘serious departure from a fundamental rule of procedure’. 8.02 Because one of the principal purposes of a control mechanism like ICSID annulment is preserving the integrity of the process, ensuring that the tribunal did not seriously depart from a fundamental rule of procedure is a matter of real significance. 8.03 Although parties very frequently rely on Article 52(1)(d), committees have generally failed to credit arguments based on this ground for annulment, and have often suggested that the...
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