Book contents
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- CHAPTER IV Arbitration
- Article 36 Request for Arbitration
- Article 37 Composition of Tribunal
- Article 38 Appointment by Chairman
- Article 39 Nationality of Arbitrators
- Article 40 Qualities of Arbitrators
- Article 41 Decision on Jurisdiction
- Article 42 Applicable Law
- Article 43 Evidence
- Article 44 Rules on Procedure
- Article 45 Default of a Party
- Article 46 Ancillary Claims
- Article 47 Provisional Measures
- Article 48 Award
- Article 49 Dispatch, Supplementation and Rectification
- Article 50 Interpretation
- Article 51 Revision
- Article 52 Annulment
- Article 53 Binding Force
- Article 54 Enforcement
- Article 55 State Immunity
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Article 51 - Revision
from CHAPTER IV - Arbitration
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- CHAPTER IV Arbitration
- Article 36 Request for Arbitration
- Article 37 Composition of Tribunal
- Article 38 Appointment by Chairman
- Article 39 Nationality of Arbitrators
- Article 40 Qualities of Arbitrators
- Article 41 Decision on Jurisdiction
- Article 42 Applicable Law
- Article 43 Evidence
- Article 44 Rules on Procedure
- Article 45 Default of a Party
- Article 46 Ancillary Claims
- Article 47 Provisional Measures
- Article 48 Award
- Article 49 Dispatch, Supplementation and Rectification
- Article 50 Interpretation
- Article 51 Revision
- Article 52 Annulment
- Article 53 Binding Force
- Article 54 Enforcement
- Article 55 State Immunity
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Summary
INTRODUCTION
Revision involves a substantive alteration of the original award on the basis of newly discovered facts that were unknown when the award was rendered. The Convention's text is modelled on the International Court of Justice's Statute (Art. 61). Revision is not widely used in international adjudication. Other documents regulating international arbitration rarely provide for it. In practice though, international tribunals may have an inherent power to reopen proceedings in order to revise awards, notwithstanding the absence of an express provision in their governing instruments.
The drafts leading to the Convention all contained provisions for the revision of awards in terms similar to what eventually became Art. 51 (History, Vol. I, pp. 222–230). The desirability of a procedure for revision was hardly ever challenged in principle (but see History, Vol. II, pp. 422/3). The discussion concerned mainly the time limits for making a request (see para. 26 infra) and the modalities of a stay of enforcement once a request has been made (see para. 34 infra).
Art. 51 is the second of three Articles in Section 5 of Chapter IV dealing with “Interpretation, Revision and Annulment of the Award”. Like Art. 50 (Interpretation), Art. 51 provides that any revision shall be made, if possible, by the same tribunal that rendered the award. By contrast, annulment under Art. 52 is always carried out by a separate ad hoc committee.
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 878 - 889Publisher: Cambridge University PressPrint publication year: 2009