What question did this study set out to answer?

The aim is to analyze how identifying the applicable law in ICSID arbitration affects annulment risk under the Convention.

March 26, 2026

Determining the Applicable Law and the Risk of Annulment of ICSID Awards on the Ground of Manifest Excess of Powers

View Full Paper

Ask AI

Bookmark

Authors

The article examines annulment risks in ICSID arbitration due to excess of powers, suggesting implications for legal certainty.

The aim is to analyze how identifying the applicable law in ICSID arbitration affects annulment risk under the Convention.
Examines Article 42 of the 1965 Washington Convention
Assesses deficiencies in identifying the governing legal framework
Distinguishes between errors in law application and failures to apply the law
Considers the coherence of combining domestic and international legal norms
Identifying the applicable law is crucial for legal certainty and procedural predictability.
Inadequacies in law identification can lead to a finding of manifest excess of powers.
A consistent legal qualification approach enhances the stability of ICSID awards.

Dmitry Semenovich Belkin (2020) studied this question.

View Full Paper

Ask AI

Bookmark