graf & pitkowitz rechtsanwÄlte gmbh attorneys at law revision / annulment of investment treaty...

GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW

REVISION / ANNULMENT OF

INVESTMENT TREATY AWARDS

Dr. Nikolaus Pitkowitz M.B.L.-HSG

Vienna

June 21, 2006

CIS Local Counsel Forum Baku


Disputes underBilateral Investment Treaties (BITs)

Treaty Disputes Contract Disputes

• Breach of BIT• Jurisdiction under BIT• Guarantee Clause


Dispute Settlement Mechanisms

ICSID Ad hoc Arbitration Institutional Arbitration

State Courts


Selected BITs

Azerbaijan – Austrian

Competent State Courts Any applicable previously agreed dispute settlement

procedure ICSID UNCITRAL ICC


Selected BITs

Austria and

State Courts

Agreed Procedure

ICSID SCC UNCITRAL ICC

Azerbaijan x x x x x

Armenia x x x x x

Belarus x x

Georgia x x x x x

Moldavia x x

Russian Federation

x x

Ukraine x x


Revision of ICSID Awards

Discovery of new facts „of such a nature as decisively to affect the award“

Application within 90 days Decision (if possible) by the same tribunal


Revision of (Austrian) Arbitration Awards

Award has been caused by certain criminal acts including, document forgery and false testimony

Application within 4 weeks Decision by state court


Annulment of ICSID Awards

Improper constitution of the Tribunal (Manifestly) excess of powers by the

Tribunal Corruption on the part of a member of

the Tribunal Serious departure from a fundamental

rule of procedure Award failes to state reasons


Annulment of (Austrian) Arbitral Awards

Lack of a valid arbitration agreement Improper composition of the arbitral

tribunal Excess of jurisdiction Violation of due process or fair trial Violations of (procedural) public policy


Annulment of (Austrian) Arbitral Awards

continued

Unlawful denial of jurisdiction Incapacity of a party to enter into an

arbitration agreement Violations of (substantive) public policy Lack of objective arbitrability


Procedural Aspects

ICSID Award (Austrian) Arbitral Awards

Annulment application within

120 days 3 Month

Decision by

New Arbitral Tribunal State Court


THANK YOU FOR YOUR ATTENTION!

graf & pitkowitz rechtsanwÄlte gmbh attorneys at law revision / annulment of investment treaty...

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