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Book Title: The ICSID Convention, Regulations and Rules
Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria
Publisher: Edward Elgar Publishing
Section: Chapter 27
Section Title: Interpretation, Revision and Annulment of the Award
Author(s): Welsh, Angeline
Number of pages: 35
Extract:
27
INTERPRETATION, REVISION AND
ANNULMENT OF THE AWARD
RULES 5056
27.01 Chapter VII is concerned with Arbitration Rules 5055, which set out the procedure
for the post-award remedies of interpretation, revision or annulment. It also deals with
the resubmission of a dispute where an award has been partially or fully annulled and
Arbitration Rule 56 which makes some final provisions to aid interpretation of the
Arbitration Rules.
27.02 Arbitration Rules 5055 put the procedural flesh on the bones of the Articles of the
ICSID Convention which provide for post-award remedies; namely Article 50 (Inter-
pretation), Article 51 (Revision) and Article 52 (Annulment and Resubmission). This
Chapter does not rehearse the ground already covered in the Commentary of ICSID
Convention Articles 50, 51 and 52, but instead focuses on the procedural aspects of the
post-award remedies.
27.03 The post-award remedies of interpretation, revision and annulment assume a particu-
lar importance in the ICSID system because awards cannot be challenged in national
courts as is the case with other arbitral awards.1 They also do something more than cor-
rect mere errors or omissions of a Tribunal. Where a party considers that the Tribunal
has omitted to deal with a question or a clerical, arithmetical or similar error needs to be
corrected, then it should make an application for a supplemental decision or rectifica-
tion under Arbitration Rule 49.2
27.04 Of the post-award remedies, it is annulment proceedings that ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/3044.html