ICSID 중재판정의 취소를 통한 불복

Chal enge through An ulment of ICSID Arbitrads

This article examines the Chal enge through Annulment of ICSID Arbitral Awards. Either party may request an ulment of the award by ap lying in writing ad res ed to the ICSID Secretary-General on one or more of the grounds under Article 52 of the ICSID Convention. The annulment proce dings must focus on the award itself. Because commit e s have no inherent supremacy over the arbitral tribunal, they should not review the tribunal’s findings on evidence, damage, interest, and cost findings. Otherwise, the parties would have, in ef ect, two opportunities, and that wil almost certainly weaken the reliability of the entire ICSID system. In short, because of the limited scope of review under ICSID an ulment and because annulment is not an op ortunity for the parties to re-try the case, commit e s should not al ow new arguments or new evidence. Since an annulment commit e is not a court of appeals, it cannot create a new res judicata. Commit e s can only decide not to an ul an award, thus confirming the existing res judicata or annul the award, in which case the af ected decision ceases to be res judicata. An obvious an ulment decision stipulating which particular findings of the award remain res judicata should prevent any uncertainty in resubmis ion proce dings.