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Part V Safeguarding the Process, 12 Evidence and Annulment

From: Evidence in International Investment Arbitration

Frédéric Gilles Sourgens, Kabir Duggal, Ian A. Laird

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 03 December 2023

Evidence — Annulment — Failure to state reasons

This chapter considers annulment in the context of the International Centre for Settlement of Investment Disputes (ICSID). Here, annulment controls the process of arbitral decision-making rather than its result. As a control mechanism, annulment is centrally concerned with the question whether a tribunal applied the principles of evidence codified in arbitral procedure or cast those same principles aside to make a decision on a completely different basis. Parties perceive the legitimacy of a process of dispute settlement in terms of the predictability with which decision-makers appraise their factual submissions. As such, principles of evidence are central to the mission of annulment to ‘maintain the vitality and integrity of a process of dispute resolution by providing the degree of supervision sufficient to correct violations of parties’ expectations in a way that sustains confidence in the efficiency and fairness of ICSID arbitration’.

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