Article 523 Nov 2022 19:40
Article 52
(1) Either party may request annulment of the award by an
application in writing addressed to the Secretary-General on one
or more of the following grounds:
(a) that the Tribunal was not properly constituted;
(b) that the Tribunal has manifestly exceeded its powers;
(c) that there was corruption on the part of a member of the
Tribunal;
(d) that there has been a serious departure from a fundamental
rule of procedure; or
(e) that the award has failed to state the reasons on which it
is based.
(2) The application shall be made within 120 days after the date
on which the award was rendered except that when annulment
is requested on the ground of corruption such application shall
be made within 120 days after discovery of the corruption and
in any event within three years after the date on which the
award was rendered.
(3) On receipt of the request the Chairman shall forthwith appoint
from the Panel of Arbitrators an ad hoc Committee of three
persons. None of the members of the Committee shall have
been a member of the Tribunal which rendered the award, shall
be of the same nationality as any such member, shall be a
national of the State party to the dispute or of the State whose
national is a party to the dispute, shall have been designated to
the Panel of Arbitrators by either of those States, or shall have
acted as a conciliator in the same dispute. The Committee shall
have the authority to annul the award or any part thereof on
any of the grounds set forth in paragraph (1).
(4)The provisions of Articles 41-45, 48, 49, 53 and 54, and of
Chapters VI and VII shall apply mutatis mutandis to proceedings
before the Committee.
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ICSID CONVENTION, REGULATIONS AND RULES 21
(5)The Committee may, if it considers that the circumstances so
require, stay enforcement of the award pending its decision. If
the applicant requests a stay of enforcement of the award in
his application, enforcement shall be stayed provisionally until
the Committee rules on such request.
(6) If the award is annulled the dispute shall, at the request of
either party, be submitted to a new Tribunal constituted in
accordance with Section 2 of this Chapter.