R. Doak Bishop, Silvia M. Marchili

Annulment Under the ICSID Convention (eBook, ePUB)

• Format: ePub

Produktbeschreibung

The book systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analysing this mechanism in light of the annulment decisions rendered so far as well as the publications on the issue. Organised to suit the needs of the practitioner, it outlines the recent trends in the area, providing the most up to date analysis of the subject. It also addresses key topics involving ICSID annulment such as the procedural issues which frequently arise in this type of proceedings, for example admissability of new evidence and arguments in annulment proceedings, res judicata in resubmitted cases. The sections on each ground for annulment include an analysis of the applicable standard as well as a detailed description and study of each annulment decision that addressed the respective ground, creating an authoritative and complete resource.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 6. Dezember 2012
• Englisch
• ISBN-13: 9780191634796
• Artikelnr.: 38136635

Autorenporträt

R. Doak Bishop is the Co-Chair of King & Spalding's International Arbitration Group. Mr Bishop has over 30 years experience focusing on international arbitration and litigation of oil and gas, energy, construction, and environmental disputes. He has developed a worldwide reputation for his experience in international arbitration, serving both as an arbitrator and counsel in large business disputes. Ranked by Chambers Global: Guide to the World's Leading Lawyers as one of the world's top lawyers in international arbitration and concerning Latin America, and ranked by Chambers USA: America's Leading Lawyers for Business in the first tier of practitioners in international arbitration and energy. Consistently recognized as a 'Texas Super Lawyer' in the area of international law; recognized in The Best Lawyers in America; Who's Who Legal of International Commercial Arbitration, The Legal 500, and Legal Media Group's Guide to the World's Leading Experts in Commercial Arbitration. Silvia M. Marchili is a Senior Associate in King & Spalding's International Arbitration Group. Ms Marchili's practice focuses on representing global companies in complex international arbitration cases. Ms Marchili has substantial experience in commercial arbitrations as well as in investment arbitrations against foreign governments before the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) and other arbitration institutions. Prior to joining King & Spalding in 2006, Ms Marchili was an associate for M. & M. Bomchil, a major Argentine law firm, for four years. She has lectured on international dispute resolution at University of Buenos Aires. Ms Marchili regularly speaks at international arbitration conferences and has authored several articles on the subject.

Inhaltsangabe

* Part 1: Introduction
* 1: Introduction to ICSID Annulment
* 2: Annulment of ICSID Awards - General Framework and Fundamental
Observations
* Part 2:Grounds for Annulment
* 3: Improper Constitution of Tribunal
* 4: Manifest Excess of Powers
* 5: Corruption of one of the Members of the Tribunal
* 6: Serious Departure from a Fundamental Rule of Procedure
* 7: Failure to State Reasons on Which the Award is Based
* 8: Scope of Annulment Regarding Specific Issues
* Part 3: Annulment in Practice
* 9: Annulment Procedure
* 10: Stay of Enforcement And Guarantees
* 11: Res Judicata and Resubmissions
* 12: Comparison with Other Annulment Mechanisms
* 13: Proposals to Modify the ICSID Annulment Mechanisms
* 14: Suggested Guidelines for Counsel, Arbitrators, and Commitee
Members
* Appendix
* Summary of ICSID Annulment Decisions