ICSID ad-hoc committee criticises approach to treaty interpretation | Practical Law
In Industria Nacional de Alimentos SA v Peru, ICSID Case no ARB 03/4, an ad hoc committee has rejected an application for annulment of an award pursuant to which the tribunal had determined that it lacked jurisdiction to hear the claimants' claims. The claimants argued that the award should be annulled on the grounds of manifest excess of powers, serious departure from a fundamental rule of procedure, and failure to state the reasons on which the award was based. These arguments were rejected by the ad hoc committee.