Master'sOpen Access

Post remedy awards of the international center for the settlement of investment disputes (ICSID) arbitration

2011
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Advisor: Doç. Dr. F. Bilge Tanrıbilir

Abstract (EN)

This thesis gives detailed information of the post-award remedies and procedures in ICSID arbitration. According to the Art. 53 of the ICSID Convention, an award is final and binding and not subject to any remedy except those provided for in the Convention. In particular, an award is not subject to any review by domestic courts. But the Convention itself provides for a number of remedies and procedures that are administered by the original tribunal, by a new tribunal or by an ad hoc committee. All these remedies and procedures are examined in detail according to the Convention and the Arbitration Rules of ICSID. Of these post-award remedies and procedures, some are relatively uncontroversial and deal with routine situations. Thus supplementation and correction deal with minor technical and clerical mistakes in the award. Interpretation clarifies the meaning of the award if the parties disagree on its construction. Revision takes account of new facts that were unknown when the award was rendered. Annulment is a remedy that is much more dramatic. It is a limited exception to the principle of finality. Annulment provides limited emergency relief for situations in which the basic legitimacy of the arbitration process is called into question. It is available only on the basis of a few specific grounds listed in the Convention. A successful plea of nullity leads to a decision that declares the award void in whole or in part. The parties may then resubmit their dispute to a new tribunal. This thesis gives a detailed information of supplementation and correction, interpretation revision and annulment.

Author

Yalçın Torun

How to Cite

Yalçın Torun (Master Thesis). Post remedy awards of the international center for the settlement of investment disputes (ICSID) arbitration, 2011, Gazi University.

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