The Inherent Power of Reconsideration in Recent ICSID Case Law
In: The Journal of World Investment & TradeSearch for other papers by Tobia Cantelmo in
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The present article deals with the issue of the power of reconsideration of ICSID tribunals. In 2014, the majority in ConocoPhillips v. Venezuela rejected Respondent’s Request for Reconsideration, ruling that an interim decision had res judicata effect. However, in a powerful dissent in that case, Professor Abi-Saab argued that the tribunal in fact possessed an inherent power of reconsideration. The following year, the ICSID tribunal in Perenco v. Ecuador unanimously endorsed the reasoning of the majority in ConocoPhillips. While judicial economy is potentially undermined if interim decisions can later be revisited, the question is how to strike the proper balance between judicial efficiency and fundamental fairness. As this article shows, the most sensible position, recently taken by the ICSID tribunal in SCB HK v. TANESCO – and one that still promotes judicial economy – is to recognize a limited power of reconsideration during the period until a final judgment has been rendered.
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104
See Caron and Caplan (n 81) 1111.
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115
See Fulvio M Palombino, ‘Il potere inerente di riesame dei tribunali internazionali: in margine al caso Celibici’ in La Comunità Internazionale (2004) 707 ff; Benjamin Weil e La Abra Silver Mining Co (30 October 1876) in Moore (n 114) 1324 and 1329–30.
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The Inherent Power of Reconsideration in Recent ICSID Case Law
In: The Journal of World Investment & TradeSearch for other papers by Tobia Cantelmo in
Current site
Google Scholar
PubMed
The present article deals with the issue of the power of reconsideration of ICSID tribunals. In 2014, the majority in ConocoPhillips v. Venezuela rejected Respondent’s Request for Reconsideration, ruling that an interim decision had res judicata effect. However, in a powerful dissent in that case, Professor Abi-Saab argued that the tribunal in fact possessed an inherent power of reconsideration. The following year, the ICSID tribunal in Perenco v. Ecuador unanimously endorsed the reasoning of the majority in ConocoPhillips. While judicial economy is potentially undermined if interim decisions can later be revisited, the question is how to strike the proper balance between judicial efficiency and fundamental fairness. As this article shows, the most sensible position, recently taken by the ICSID tribunal in SCB HK v. TANESCO – and one that still promotes judicial economy – is to recognize a limited power of reconsideration during the period until a final judgment has been rendered.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 370 | 29 | 5 |
| Full Text Views | 285 | 4 | 1 |
| PDF Views & Downloads | 133 | 14 | 2 |