{"title":"第六部分裁决后阶段，27 ICSID裁决的撤销:是否足够或上诉即将来临?","authors":"Yannaca-Small Katia","doi":"10.1093/LAW/9780198758082.003.0027","DOIUrl":null,"url":null,"abstract":"The International Centre for Settlement of Investment Dispute (ICSID) Convention prevents domestic courts from reviewing any decisions issued by ICSID panels. ICSID awards are therefore immune from challenges brought before national courts which may have a local bias or be subject to the influence of the host government. This chapter discusses (i) the scope and application of annulment of ICSID awards under the ICSID Convention; (ii) the grounds for annulment; (iii) the stay of enforcement as a requirement that often accompanies an application for annulment; and, (iv) the proposals related to the creation for an appeal mechanism for investment disputes as a response to the mounting criticism of the investor-state dispute settlement system and the quest to improve legitimacy and consistency.","PeriodicalId":364330,"journal":{"name":"Arbitration Under International Investment Agreements","volume":"21 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Part VI The Post-Award Phase, 27 Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner?\",\"authors\":\"Yannaca-Small Katia\",\"doi\":\"10.1093/LAW/9780198758082.003.0027\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The International Centre for Settlement of Investment Dispute (ICSID) Convention prevents domestic courts from reviewing any decisions issued by ICSID panels. ICSID awards are therefore immune from challenges brought before national courts which may have a local bias or be subject to the influence of the host government. This chapter discusses (i) the scope and application of annulment of ICSID awards under the ICSID Convention; (ii) the grounds for annulment; (iii) the stay of enforcement as a requirement that often accompanies an application for annulment; and, (iv) the proposals related to the creation for an appeal mechanism for investment disputes as a response to the mounting criticism of the investor-state dispute settlement system and the quest to improve legitimacy and consistency.\",\"PeriodicalId\":364330,\"journal\":{\"name\":\"Arbitration Under International Investment Agreements\",\"volume\":\"21 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-07-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arbitration Under International Investment Agreements\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/LAW/9780198758082.003.0027\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arbitration Under International Investment Agreements","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/LAW/9780198758082.003.0027","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Part VI The Post-Award Phase, 27 Annulment of ICSID Awards: Is it Enough or Is Appeal around the Corner?
The International Centre for Settlement of Investment Dispute (ICSID) Convention prevents domestic courts from reviewing any decisions issued by ICSID panels. ICSID awards are therefore immune from challenges brought before national courts which may have a local bias or be subject to the influence of the host government. This chapter discusses (i) the scope and application of annulment of ICSID awards under the ICSID Convention; (ii) the grounds for annulment; (iii) the stay of enforcement as a requirement that often accompanies an application for annulment; and, (iv) the proposals related to the creation for an appeal mechanism for investment disputes as a response to the mounting criticism of the investor-state dispute settlement system and the quest to improve legitimacy and consistency.
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