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- Title
Stay(ing) on Track or Falling off the Edge: The Absence of Legal Security in the Ad Hoc Committees’ Decisions under Article 52(5) of the ICSID Convention.
- Authors
Fouret, Julien
- Abstract
Under the ICSID Convention, an ad hoc Committee may stay enforcement of an award pending its decision on annulment and, if the applicant requests a stay of enforcement of the award in its application, enforcement will be stayed provisionally until the ad hoc Committee rules on that request. This article examines the legal framework for stay of enforcement of awards, as well as the interpretation of this framework by ad hoc Committees. This author suggests that ad hoc Committees continue the stay of enforcement almost automatically, which deviates from the intent of the drafters and the text of the Convention. Moreover, there is an absence of homogeneity in conditioning the continuation of a stay of enforcement.
- Subjects
INTERNATIONAL Centre for Settlement of Investment Disputes; ARBITRATION &; award; ENFORCEMENT of arbitral awards; LEGAL judgments; LEGISLATIVE committees; CONFERENCES &; conventions; INTERNATIONAL conflict; INTERNATIONAL commercial arbitration
- Publication
ICSID Review: Foreign Investment Law Journal, 2012, Vol 27, Issue 2, p303
- ISSN
0258-3690
- Publication type
Article
- DOI
10.1093/icsidreview/sis016