Readership: Legal practitioners specializing in investment arbitration, public interest groups and international bodies or organisations dealing with international investment arbitration, as well as academics and postgraduate students with an interest in international investment arbitration and public international law.
R. Doak Bishop, Senior Partner, King and Spalding, Houston, and Silvia M. Marchili, Senior Associate, King and Spalding, Houston
R. Doak Bishop is the Co-Chair of King & Spalding's International Arbitration Group. Mr Bishop has over 30 years experience focusing on international arbitration and litigation of oil and gas, energy, construction, and environmental disputes. He has developed a worldwide reputation for his experience in international arbitration, serving both as an arbitrator and counsel in large business disputes.
Ranked by Chambers Global: Guide to the World's Leading Lawyers as one of the world's top lawyers in international arbitration and concerning Latin America, and ranked by Chambers USA: America's Leading Lawyers for Business in the first tier of practitioners in international arbitration and energy. Consistently recognized as a 'Texas Super Lawyer' in the area of international law; recognized in The Best Lawyers in America; Who's Who Legal of International Commercial Arbitration, The Legal 500, and Legal Media Group's Guide to the World's Leading Experts in Commercial Arbitration.
Silvia M. Marchili is a Senior Associate in King & Spalding's International Arbitration Group. Ms Marchili's practice focuses on representing global companies in complex international arbitration cases. Ms Marchili has substantial experience in commercial arbitrations as well as in investment arbitrations against foreign governments before the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) and other arbitration institutions.
Prior to joining King & Spalding in 2006, Ms Marchili was an associate for M. & M. Bomchil, a major Argentine law firm, for four years. She has lectured on international dispute resolution at University of Buenos Aires.
Ms Marchili regularly speaks at international arbitration conferences and has authored several articles on the subject.
"As anyone who sets out to research this subject quickly discovers, there now are many ad hoc committee decisions on annulment and a good deal of scholarly commentary on the subject. This book therefore is a natural first stop because it succeeds in digesting this great quantity of material and presenting it in a well-organised fashion ... It explains concisely the issues that are settled, identifies the areas where authorities remain in tension, and describes the policy considerations that inform the underlying provisions of the convention, the arguments that repeatedly are presented, and ultimately the decision-making. The book surely will become the vital handbook for any counsel facing an ICSID annulment phase and is destined to become a classic
reference." - Abby Cohen Smutny, Global Arbitration Review
"The community of ICSID users and observers are much indebted to the authors of this book for undertaking an erudite and systematic presentation of this difficult subject." - Christoph Schreuer, From the Foreword
Part 1: Introduction
1: Introduction to ICSID Annulment
2: Annulment of ICSID Awards - General Framework and Fundamental Observations
Part 2:Grounds for Annulment
3: Improper Constitution of Tribunal
4: Manifest Excess of Powers
5: Corruption of one of the Members of the Tribunal
6: Serious Departure from a Fundamental Rule of Procedure
7: Failure to State Reasons on Which the Award is Based
8: Scope of Annulment Regarding Specific Issues
Part 3: Annulment in Practice
9: Annulment Procedure
10: Stay of Enforcement And Guarantees
11: Res Judicata and Resubmissions
12: Comparison with Other Annulment Mechanisms
13: Proposals to Modify the ICSID Annulment Mechanisms
14: Suggested Guidelines for Counsel, Arbitrators, and Commitee Members
Summary of ICSID Annulment Decisions