CEU Electronic Theses and Dissertations, 2023
| Author | Souza Junior, Luiz Carlos |
|---|---|
| Title | THE RULE OF PRECEDENT AND THE FUNDAMENTAL RULES OF PROCEDURE: A Look into the emergence of the precedent in the ICSID Annulment System through Article 52(d) of the Washington Convention |
| Summary | The International Centre for Settlement of Investment Disputes (ICSID) has established itself as the preeminent forum for international investment arbitration, handling a significant majority of known treaty-based investment disputes. With the endorsement of 2,191 Bilateral Investment Treaties (BITs) that authorize ICSID arbitration as a preferred method for investor-state dispute settlement (ISDS), its jurisdiction extends across 158 contracting states spread over five continents. This study centres on the annulment system outlined in Article 52 of the ICSID Convention. Unique in nature, ICSID owes its ability to offer prompt and effective arbitral procedures, coupled with the assurance that awards will be unappealable, to its annulment mechanism. The investigation aims to examine the emergence of a potential rule of precedent within the annulment system as a means to address existing criticisms of the ICSID regime's lack of coherence and predictability and raises the question of whether precedent can provide clarification for ambiguous provisions by establishing interpretive boundaries for annulment committees. The chosen methodology involves an extensive review of bibliographical sources and relevant documents, complemented by an empirical analysis focused on one of the most frequently invoked grounds for annulment: a serious departure from a fundamental rule of procedure. Through this analysis, the study uncovers the interpretations and trends established by ICSID annulment decisions concerning the fourth ground for annulment under Article 52. The first chapter presents a comprehensive review of ICSID's annulment history and procedural framework. The second chapter examines ICSID practice and the role of precedent within the annulment system. Finally, the third chapter concludes by offering a review of the annulment application based on a serious departure from a fundamental rule of procedure, presenting trends revealed through the analysis of annulment decisions. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2023/souza-junior_luiz.pdf |
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