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حقوق::
کمیته تخصصی
The annulment provision as reflected in Article 52(1) of the ICSID Convention of 1966 sets out five specific grounds upon which an ad-hoc committee may annul an award. 14 These grounds were derived from the 1953 United Nations International Law Commission Draft Convention on Arbitral Procedure and were thus referred as the "ILC Draft".15 The ILC Draft was an effort to codify existing international law on arbitral procedure in state-to-state arbitration.16 It was based on the recognition that finality of an award is an essential feature of arbitral practice.
41R D Bishop, J Crawford, W M Reisman, Foreign Investment Disputes: Cases, Materials, and Commentary, Ad-Hoc committee's Decision in CDSE v Costa Rica (2005)1562.
The aim of the selection of cases and subsequent discussion herein is to highlight the inconsistent and sometimes confused decisions of ad-hoc committees'.
The chapter analyses the grounds for annulment to determine whether ad-hoc committees' interpretation of these grounds enhances finality of awards, underlined as a core principle of international arbitration.
The ad-hoc committee in Klockner v Cameroon4 underscored that annulment is different from an appeal.
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