Three Crowns partner Scott Vesel has recently penned a chapter for a new collection of essays, Arbitration Beyond Borders, which features insights from 32 of the world’s leading International Arbitration specialists, and honours the memory of Guillermo Aguilar Álvarez.
The volume seeks to arm arbitrators, those involved in the arbitral process, and academics in the field with key insights to help navigate the myriad issues arising from any international commercial or investment arbitration. As Kluwer describes it, “some of the most compelling technical and political considerations facing international arbitration today have been analysed in depth by this book.”
In his essay, “Can the reasons for reasons rescue ICSID annulment?” Scott reviews the drafting history of the ICSID Convention and the practice of other international courts and tribunals concerning the “reasons for reasons”. In doing so, he distils clearer guidance for future ICSID annulment committees and parties considering applications for annulment based on an award’s failure “to state the reasons on which it is based”. The essay concludes that the requirement that awards contain reasons is procedural and that ICSID awards should only be annulled for failure to state reasons if the reasoning is so deficient as to establish a breach of due process amounting to a denial of the right to a fair hearing.
Other chapters in the book deal with relationships between arbitral tribunals and national courts, governance of arbitral institutions, diversity and inclusiveness in international arbitration, foreign investment disputes under the United States–Mexico–Canada Agreement 2020, corruption, abuse of rights, insolvency, and much more.
To gain access to Scott’s insights, click here.
ABOUT SCOTT VESEL
A partner in our Washington, DC office, Scott has 15 years’ experience in handling complex international investment and commercial arbitrations in the oil and gas, construction, energy, mining, gaming, defence, technology, and agribusiness sectors. In addition to his private practice, he has served as an attorney-advisor at the U.S. Department of State and at an international organisation. He also teaches on arbitration as an adjunct professor at Georgetown University Law Center.« Back