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As there is no binding precedent in ICSID jurisprudence, the mere fact that a tribunal does not follow the prevailing jurisprudence is not an error of law per se
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Relationship of IITs to Other Sources of International Law > System of Precedents
- ICSID Convention > Arbitration (Articles 36-55) > Article 52 > Grounds for Annulment > Manifest Excess of Power
A failure to state reasons has to be opposed to a failure to state convincing, or good reasons
Annulment for non-application of the applicable law is only sustainable where there has been a failure to apply the proper law in toto
An ICSID tribunal commits an excess of powers not only if it exercises a jurisdiction which it does not have, but also if it fails to exercise a jurisdiction which it possesses
"Manifest" relates to the ease with which an excess of powers is perceived, not its gravity
Annulment may be permitted in the exceptional circumstance that a tribunal's reasons are so contradictory that they effectively amount to no reasons at all
A failure to apply the proper law may amount to an excess of powers by the tribunal
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")
- Investment Treaty Arbitration > Costs > General Remarks
- ICSID Convention > Costs of Proceedings (Articles 59-61) > Article 61
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
System of Precedents
As there is no binding precedent in ICSID jurisprudence, the mere fact that a tribunal does not follow the prevailing jurisprudence is not an error of law per se
Costs
General Remarks
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")
Arbitration (Articles 36-55)
Article 52
Grounds for Annulment
Manifest Excess of Power
As there is no binding precedent in ICSID jurisprudence, the mere fact that a tribunal does not follow the prevailing jurisprudence is not an error of law per se
Annulment for non-application of the applicable law is only sustainable where there has been a failure to apply the proper law in toto
An ICSID tribunal commits an excess of powers not only if it exercises a jurisdiction which it does not have, but also if it fails to exercise a jurisdiction which it possesses
"Manifest" relates to the ease with which an excess of powers is perceived, not its gravity
A failure to apply the proper law may amount to an excess of powers by the tribunal
Failure to State Reasons
A failure to state reasons has to be opposed to a failure to state convincing, or good reasons
Annulment may be permitted in the exceptional circumstance that a tribunal's reasons are so contradictory that they effectively amount to no reasons at all
Costs of Proceedings (Articles 59-61)
Article 61
If no part of a claim has been successful, a tribunal may use its discretion under Article 61(2) ICSID Convention to order the claimant to reimburse the respondent all of its costs ("costs follow the event")