Overview

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.

Full Product Details

Author:   R. Doak Bishop (Senior Partner, King and Spalding, Houston) ,  Silvia M. Marchili (Senior Associate, King and Spalding, Houston)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.00cm , Height: 2.30cm , Length: 25.20cm
Weight:   0.698kg
ISBN:  

9780199653744

ISBN 10:   0199653747
Pages:   336
Publication Date:   06 December 2012
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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

Reviews

The community of ICSID users and observers are much indebted to the authors of this book for undertaking an erudite and systematic presentation of this difficult subject. Christoph Schreuer, From the Foreword

As anyone who sets out to research this subject quickly discovers, there now are many ad hoc committee decisions on annulment and a good deal of scholarly commentary on the subject. This book therefore is a natural first stop because it succeeds in digesting this great quantity of material and presenting it in a well-organised fashion ... It explains concisely the issues that are settled, identifies the areas where authorities remain in tension, and describes the policy considerations that inform the underlying provisions of the convention, the arguments that repeatedly are presented, and ultimately the decision-making. The book surely will become the vital handbook for any counsel facing an ICSID annulment phase and is destined to become a classic reference. Abby Cohen Smutny, Global Arbitration Review The community of ICSID users and observers are much indebted to the authors of this book for undertaking an erudite and systematic presentation of this difficult subject. Christoph Schreuer, From the Foreword

Author Information

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.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions