Hi Harsh ,

Some Subject Navigator entries have been re-ordered.  Could you please look into this and see if this is a result of the SN audit you are currently working on?

SN entries moved 2022-02-10.mp4 1.5 MB • Download

Please refer to the correct order found on ISLG Legacy
A
Annulment under the ICSID Convention
Grounds for annulment
The tribunal has manifestly exceeded its powers
->See the ICSID Convention Article 52(1)(b)
->The two-step approach vs. the singular approach
->The meaning of "excess of power"
->The meaning of "manifest"
->Relationship to the question of jurisdiction
->Failure to apply the proper law as an alleged manifest excess of powers
->Churchill and Planet v. Indonesia Decision on Annulment finds the notion of excess of powers is a reprimand of an exercise of powers by an organ beyond the limits of its constituent instrument; in this arbitration, the powers of the tribunal flow from the combination of the arbitration clause in the BITs and the ICSID Convention and Arbitration Rules
->Mobil Exploration v. Argentina Decision on Annulment observes the valuation methods are tools used in the evaluation of the consequences of a violation, and it cannot be a failure of application of the proper law; thus, neither can there be a manifest excess of powers in the manner in which the tribunal conducts its financial analysis
->UAB E Energija v. Latvia Decision on Annulment considers the fact that the matter of lack of consent as an objection to the tribunal’s jurisdiction is being advanced for the first time in these annulment proceedings cannot be ignored; an argument that was not before the original tribunal cannot form the basis of a manifest excess of power in annulment proceedings
->Perenco v. Ecuador Decision on Annulment notes the excess of powers has to be manifest to an ad hoc committee constituted by qualified persons with competence in the fields of law, commerce, industry, or finance, who may be relied upon to exercise independent judgment, not simply to anyone who may read the award

Screen capture of SN ISLG legacy

image.png 93.5 KB • Download

Below is the current order on app.islg. As you can see, the following have been re-ordered:
Relationship to the question of jurisdiction
Failure to apply the proper law as an alleged manifest excess of powers

A
Annulment under the ICSID Convention
Grounds for annulment
The tribunal has manifestly exceeded its powers
->See the ICSID Convention Article 52(1)(b)
->The two-step approach vs. the singular approach
->The meaning of "excess of power"
->The meaning of "manifest"
->Churchill and Planet v. Indonesia Decision on Annulment finds the notion of excess of powers is a reprimand of an exercise of powers by an organ beyond the limits of its constituent instrument; in this arbitration, the powers of the tribunal flow from the combination of the arbitration clause in the BITs and the ICSID Convention and Arbitration Rules
->Relationship to the question of jurisdiction
->Mobil Exploration v. Argentina Decision on Annulment observes the valuation methods are tools used in the evaluation of the consequences of a violation, and it cannot be a failure of application of the proper law; thus, neither can there be a manifest excess of powers in the manner in which the tribunal conducts its financial analysis
->Failure to apply the proper law as an alleged manifest excess of powers
->->UAB E Energija v. Latvia Decision on Annulment considers the fact that the matter of lack of consent as an objection to the tribunal’s jurisdiction is being advanced for the first time in these annulment proceedings cannot be ignored; an argument that was not before the original tribunal cannot form the basis of a manifest excess of power in annulment proceedings
->Perenco v. Ecuador Decision on Annulment notes the excess of powers has to be manifest to an ad hoc committee constituted by qualified persons with competence in the fields of law, commerce, industry, or finance, who may be relied upon to exercise independent judgment, not simply to anyone who may read the award

image.png 91.4 KB • Download

cc Paul Martin
This issue has been added DevOps 1449