RE: Reversal or re-trial25 Apr 2017 00:29
Ford - When you refer to another panel are you referring to the panel judging the annulment? Or do you mean the panel that might sit if the annulment is granted?
If the former then there are (I think) 17 grounds for annulment put forward. All need to be dealt with. If the original decision was politically motivated, as is a reasonable supposition, then the new panel will need to do a far better job of dealing with the issues than the first panel did. And they will need to produce good reasons for supporting the original decision or ICSID credibilty is blown - not that this scenario would help us much!
If we get to the latter it is indeed a new ball game although I am led to believe that if the annulment is granted then the forgery argument is killed. Anyone confirm if that is correct? If so then CHL are into a new quantum case, and new evidence can be produced. As I understand it.....