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Annulment Under the ICSID Convention by Bishop, R Doak; Marchili, Silvia M (1st December 2012)

Part II Grounds for Annulment, 9 Failure to State Reasons on which the Award is Based

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, 2015. All Rights Reserved.date: 15 December 2019

Subject(s):
Failure to state reasons — Annulment
9.01 Unlike improper constitution of the tribunal and serious departure from a fundamental rule of procedure, this ground for annulment is not related to the procedure leading to the award, but to the manner in which the substantive decision is justified in the award. This ground has led some annulment committees to succumb to the temptation to review the merits of the dispute.1 While the first annulment panel in Klöckner I set a high water mark by requiring that the tribunal state ‘sufficient’ reasons, the majority of ICSID panels after MINE have expressed a...
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