Questions
Hi
Morgan
I have some questions I need clarification on from the spreadsheet:
Judicial Review - who is doing this? Is it someone else reviewing a tribunal's decision or is this part of the tribunal's decision.
Annulments - this is when one of the two parties in the dispute wants to challenge the decision made, correct? When an annulment happens, is it the original tribunal that goes back and looks into it again?
If my understanding of annulments is right, do these always happen or only sometimes happen?
In resubmission proceedings, what does a request for third parties mean? Can you give me an example of the information we'd see in the three third parties columns?
Morgan
I have some questions I need clarification on from the spreadsheet:
Judicial Review - who is doing this? Is it someone else reviewing a tribunal's decision or is this part of the tribunal's decision.
Annulments - this is when one of the two parties in the dispute wants to challenge the decision made, correct? When an annulment happens, is it the original tribunal that goes back and looks into it again?
If my understanding of annulments is right, do these always happen or only sometimes happen?
In resubmission proceedings, what does a request for third parties mean? Can you give me an example of the information we'd see in the three third parties columns?
Answers to you questions:
Judicial Review - who is doing this? Is it someone else reviewing a tribunal's decision or is this part of the tribunal's decision.
A: These are decisions/judgments from domestic courts that are reviewing decisions/awards by tribunals. Domestic court judges are reviewing and writing these decisions, but we will not be including the judges in our data analysis.
Annulments - this is when one of the two parties in the dispute wants to challenge the decision made, correct? When an annulment happens, is it the original tribunal that goes back and looks into it again?
A: If the arbitration was an ICSID case, the parties have the ability to bring an annulment proceeding, which is a completely separate proceeding from the original arbitration proceeding, and involves a new annulment committee with a new set of arbitrators (or committee members).
If my understanding of annulments is right, do these always happen or only sometimes happen?
A: No, an annulment is not an appeal (which could send a decision back to the lower court). If an award is annulled, the award (or that portion that was annulled) is no longer valid, and the claimant would need to start an entirely new arbitration proceeding with a new tribunal, which I have classified as a resubmission proceeding in the spreadsheet. Assuming another award is issued in the resubmission proceeding, the award could be subject to its own annulment proceeding, which I have classified as Annulment (2). Theoretically this could result in another round of arbitration and annulment proceedings, but that's never happened before.
In resubmission proceedings, what does a request for third parties mean? Can you give me an example of the information we'd see in the three third parties columns?
A: Depending on the applicable arbitration rules, third parties (or non-disputing parties) can make applications to participate in the arbitration proceedings even though they are not parties to the dispute (i.e., they are not the claimant or respondent). For example, it's not uncommon for NGO's to make applications when there are issues of public interest at stake in the arbitration. We plan on tracking when these requests are made (and by whom), and whether the request is granted by the tribunal.
Thanks,
Morgan
The annulment committee decides if the case gets to move on to the resubmission phase?
Just for clarification - is this correct:
In the Annulment Findings, what data can we expect? So for Invoked, I imaging something along the lines of Yes or No, for Outcome I imagine Accepted or Rejected, but for relevant decisions is this a cited decision?
At some point, it might be useful to get some dummy data in the spreadsheet so I know exactly what content we're designing with. I can imagine for now for us to at least get a decent structure down.
My responses are below
Do arbitrators work only in one state or do they travel around?
No, the residency and nationality of an arbitrator is irrelevant to an appointment (however, we will track an arbitrators nationality). They are appointed and will travel to wherever the hearings are held.
The annulment committee decides if the case gets to move on to the resubmission phase?
No, the annulment committee decides whether to annul the award. The decision to start the resubmission proceedings rest with the parties (similar to the original arbitration proceedings).
Just for clarification - is this correct:
In the Annulment Findings, what data can we expect? So for Invoked, I imaging something along the lines of Yes or No, for Outcome I imagine Accepted or Rejected, but for relevant decisions is this a cited decision?
Invoked: Yes/No
Outcome: Granted/Granted (Partial)/Dismissed
- Granted (Partial) representing that the only part of the award was annulled
Relevant Decision: Yes, the UIN for the relevant annulment decision
At some point, it might be useful to get some dummy data in the spreadsheet so I know exactly what content we're designing with. I can imagine for now for us to at least get a decent structure down.
Yes, I agree. I'll discuss this with