1
حقوق::
نظام قضایی ایکسید
3.2 Defining annulment under ICSID jurisprudence
They have thus "improperly crossed the line between annulment and appeal"83 and "re- examined merits of a tribunal's award."84 The two main decisions here are those rendered in Kl�ckner v Cameroon85 and Amco v Indonesia.86 These decisions highlight how ad-hoc committees' have ousted outside their jurisdiction to annul tribunal's award thereby undermining finality of awards under ICSID jurisprudence.
The need to reform the annulment mechanism under ICSID jurisprudence was highlighted in the previous chapter.
Although there are several scholarly articles on reform of the annulment mechanism under ICSID jurisprudence,1 this chapter argues that the most compelling is the call for establishment of an appellate mechanism modelled on the Appellate Body mechanism of the WTO.2
It is therefore the aim of the chapter to determine whether there are notable lessons to be drawn from the WTO Appellate Body mechanism in addressing the lack of finality undermining ICSID jurisprudence.3
واژگان شبکه مترجمین ایران