Stuck in an arbitral Groundhog Day

The ICSID Convention and arbitration rules do not contemplate the filing of a request for reconsideration. Neither do the UNCITRAL rules. Yet, in recent years, requests for reconsideration of tribunal decisions and orders have become commonplace in ICSID and UNCITRAL investment arbitrations. Jeffery Commission, senior counsel with Vannin Capital and a former practitioner at Freshfields Bruckhaus Deringer, gives the most detailed information to date on the frequency of such requests, the identity of the parties filing them, and their disposition by tribunals.

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