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11 Post-Award Applications

From: Procedural Issues in International Investment Arbitration

Jeffery Commission, Rahim Moloo

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved. date: 28 January 2022

Annulment — Stay of enforcement

This chapter focuses on International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL tribunal practice on post-award applications. It begins with a discussion of certain post-award remedies under the ICSID Convention and ICSID Additional-Facility arbitral rules, including requests for supplementary decision, rectification/correction, interpretation and revision. It then considers annulment under the ICSID Convention, with emphasis on the conduct and procedure for annulment proceedings, the number of annulment applications and rates of success, and the constitution and composition of ad-hoc committees. It also examines the practice of stays of enforcement in annulment proceedings, and in particular the relatively long line of ICSID decisions rendered by ad-hoc committees on such applications. Finally, it outlines the post-award remedies available to parties under the UNCITRAL Arbitration Rules.

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