Manifest Excess of Powers as a Ground for the Annulment of ICSID Awards

Abstract

This article provides academics and practitioners with a thorough overview and analysis of one of the most often invoked grounds in ICSID annulment procedures: ‘manifest excess of powers’. ICSID annulment committees have been criticised in the past for abandoning the distinction between appeal and annulment. In practice, recent annulment committees have shown considerable restraint when considering whether a tribunal has manifestly exceeded its powers. Although there have been two instances in recent years where the annulment committee annulled for what was effectively a (perceived) misapplication of the law by the tribunal, the latest ad hoc committees have not followed their example. Hopefully future committees will adopt an equally cautious approach.