Özet:

The methods of application against the decision in the investment arbitration regulated by the Convention on the Resolution of Investment Disputes between States and Citizens of Other States ("ICSID") are set out in the fifth part of the Convention. The cancellation of the judgment has also been arranged as one of these methods of application. In the framework of the investigation, the general explanation of the cancellation will be given first. In this phase, it will be informed about how the cancellation application should be made and how the procedure on the cancellation application will be followed. In the second phase, the reasons for the cancellation will be examined. When the reasons for the cancellation are examined, the issues of open excess of authority, which are the subject of discussion, will be focused on the existence of a serious deviation from the basic procedural rules and the failure of the reason. Accordingly, it will be attempted to identify what the word "open" in the expression of "open excess of authority" means. The case will focus on how to identify the "found" and "serius" concepts passing through the expression of "a serious deviation from the basic procedure rules". From the reasons, it will be indicated exactly what to be understood about the failure of the reason. Here, we will focus on exactly what the concept of being "unfortunate" means. These reasons will be addressed in the light of committee decisions and opinions in the teaching. For the other reasons of cancellation, the judge will be addressed primarily in the center of the concept of corruption, because there is no correct and honest decision in the practice about one of the judges receiving corruption. The judgment will also indicate how the judgment council should be formed in accordance with the procedure of the judgment council. So, it will be found how to avoid this cancellation. The result will also be briefly referred to in the result of the cancellation application.

Özet:

The legal remedies against an award granted by an arbitral tribunal in international investment arbitration pursuant the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID”) are regulated in the fifth section of the mentioned Convention. Annulment procedure against an award is stated as one of these legal remedies. During this study, firstly, general information about annulment procedure of an award will be presented. In this part, the application process for annulment of an award will be explained. The grounds for annulment will be analyzed in the second part of the study. While analyzing the grounds for annulment, focus will be given to manifest excess of powers, serious departure from a fundamental rule of procedure and failure to state reasons by examining the precedent annulment decisions and commentaries of scholars. Regarding this part, the study will attempt to puzzle out the meaning of the terms of “manifest”, “serious”, “fundamental” and “failure”. The subheading for the ground of the improper constitution of the tribunal will include information about the proper constitution of an arbitral tribunal, thus making it clear how to abstain from giving cause for annulment due to this ground. The remaining ground for annulment, i.e. corruption by a member of the tribunal, due to lack of case law, will mainly give attention to the term corruption. Lastly, the corollaries of an application for annulment will be stated in the final part of the study. 

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