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Note that some views seem to be in favour of the current restrictive annulment procedure and therefore vehemently oppose wider substantive review of the awards.
Aronson, A New Framework for ICSID Annulment Jurisprudence: Rethinking the Three Generations, Vienna Journal of International Constitutional Law, Vol. 6 (2012) at 34-39, Paul Friedland and Paul Brumpton, Rabid Redux: The Second Wave of Abusive ICSID Annulments, American University International Law Review, Vol. 27 (2011-2012) at 727 (arguing for restrictive review of ICSID awards and denouncing expanding the scope of substantive review of awards by the annulment committee).
Substantive Review of ICISD Awards: Is the Desire for Accuracy Sufficient to Compromise Finality?
79 Maritime International Nominees Establishment (MINE) v Guinea, ICSID Case No ARB/84/4, Annulment Proceedings, Decisions of ad hoc committee, December 22, 1989, para.5.05 at 104, Walsh, Substantive Review of ICSID Awards: Is the Desire for Accuracy Sufficient to Compromise Finality?
By contrast, in the WTO DSS the AB substantively reviews panel rulings and recommendations that are based on lack of objectivity or error in the interpretation of a particular WTO provision. 99 This defect inherent in the annulment procedure could cause injustice to a party genuinely interested in correcting perceived misapplication of law by ICSID tribunals.100 Thus, the establishment of an appellate system would no doubt result in more robust substantive and procedural review of awards.
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