Convention on the settlement of investment disputes between States and nationals of other States:Article 52

Convention on the settlement of investment disputes between States and nationals of other States

Article 52

Geldend

Documentgegevens:

Geldend vanaf 14-10-1966

Bronpublicatie:: 18-03-1965, Trb. 1966, 152 (uitgifte: 25-05-1966, kamerstukken/regelingnummer: -)
Inwerkingtreding: 14-10-1966
Bronpublicatie inwerkingtreding:: 26-10-1966, Trb. 1966, 225 (uitgifte: 01-01-1966, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal privaatrecht / Conflictenrecht
Internationaal publiekrecht / Bijzondere onderwerpen

(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.

(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.