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Jurisdiction Vis-À-Vis Remedies

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Chapter Summary

An international case (affaire) involving an international legal dispute which has been decided and disposed of by an international tribunal may be reopened and re-examined in certain circumstances. The nature of the reopening and re-examination will depend on a variety of factors. Clearly, appeal from a judgment of an international arbitral tribunal must be provided for in the constitutive instruments of the tribunal. It is an exceptional procedure. It may be regarded as a derogation from the principle of res judicata. Review which is different from appeal is also an inroad into the principle of res judicata. The ICSID Convention provides in Article 53 that arbitral judgments are binding and without appeal but also provides in Article 52 that annulment is possible by another tribunal (Committee) constituted under the Convention.

Keywords:ICSID Convention; international tribunal; reopen cases; res judicata



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