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AES v. Hungary

Type of decisionDecision of the ad hoc commitee on the application for annulment
Date of decision29 June 2012
Tribunal
Bernard Hanotiau (President)
Abdulqawi Ahmed Yusuf
Rolf Knieper
Legal instrumentEnergy Charter Treaty
Related decision(s)Award, 23 September 2010
Further informationFull text of the decision

Statements from this decision

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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
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")
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
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
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")

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