Common use of Appeal Procedure Clause in Contracts

Appeal Procedure. 1. Either disputing party may appeal a provisional award before the Appeal Tribunal, within 90 days of its issuance. The grounds for appeal are: (a) that the Tribunal has erred in the interpretation or application of the applicable law; (b) that the Tribunal has manifestly erred in the appreciation of the facts, including the appreciation of relevant domestic law; or (c) those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraphs (a) and (b). 2. The Appeal Tribunal shall dismiss the appeal where it finds that the appeal is unfounded. It may also dismiss the appeal on an expedited basis where it is clear that the appeal is manifestly unfounded. 3. If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal. 4. Where the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such facts and render a final decision. If that is not possible, it shall refer the matter back to the Tribunal. 5. As a general rule, the appeal proceedings shall not exceed 180 days calculated from the date on which a party to the dispute formally notifies its decision to appeal to the date on which the Appeal Tribunal issues its decision. When the Appeal Tribunal considers that it cannot issue its decision within 180 days, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Unless exceptional circumstances so require, the proceedings shall in no case exceed 270 days. 6. A disputing party lodging an appeal shall provide security, including the costs of appeal, as well as a reasonable amount to be determined by the Appeal Tribunal in light of the circumstances of the case. 7. Articles 3.37 (Third-Party Funding), 3.46 (Transparency of Proceedings), 3.47 (Interim Decisions), 3.49 (Discontinuance), 3.51 (The Non-Disputing Party), Article 3.53 (Provisional Award) and 3.56 (Indemnification or Other Compensation) apply in respect of the appeal procedure, mutatis mutandis.

Appeal Procedure. 1. Either disputing party may appeal a provisional award before the Appeal Tribunal, within 90 days of its issuance. The grounds for appeal are: (a) that the Tribunal has erred in the interpretation or application of the applicable law; (b) that the Tribunal has manifestly erred in the appreciation of the facts, including the appreciation of relevant domestic law; or (c) those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraphs (a) and (b). 2. The Appeal Tribunal shall dismiss the appeal where it finds that the appeal is unfounded. It may also dismiss the appeal on an expedited basis where it is clear that the appeal is manifestly unfounded. 3. If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal. 4. Where the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such those facts and render a final decision. If that is not possible, it shall refer the matter back to the Tribunal. 5. As a general rule, the appeal proceedings shall not exceed 180 days calculated from the date on which a disputing party to the dispute formally notifies its decision to appeal to until the date on which the Appeal Tribunal issues its decision. When the Appeal Tribunal considers that it cannot issue its decision within 180 days, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Unless exceptional circumstances so require, the proceedings shall in no case exceed 270 days. 6. A disputing party lodging an appeal shall provide security, including the costs of appeal, as well as a reasonable amount to be determined by the Appeal Tribunal in light of the circumstances of the case. 7. Articles 3.37 (Third-Party Funding), 3.46 (Transparency of Proceedings), 3.47 (Interim Decisions), 3.49 (Discontinuance), 3.51 (The Non-Disputing Party), Article 3.53 (Provisional Award) and 3.56 (Indemnification or Other Compensation) apply in respect of the appeal procedure, mutatis mutandis.

Appeal Procedure. 1. Either disputing party may appeal a provisional award before the Appeal TribunalTribunal a provisional award, within 90 days of its issuance. The grounds for appeal are: (a) that the Tribunal has erred in the interpretation or application of the applicable law; (b) that the Tribunal has manifestly erred in the appreciation of the facts, including where relevant the appreciation of relevant domestic law; or (c) those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraphs (a) and (b). 2. The Appeal Tribunal shall dismiss reject the appeal where it finds that the appeal is unfounded. It may also dismiss reject the appeal on an expedited basis where it is clear that the appeal is manifestly unfounded. 3. If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal. 4. Where When the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such facts and render a final decision. If When that is not possible, it shall refer the matter back to the Tribunal. 5. As a general rule, the appeal proceedings shall not exceed 180 days calculated from the date on which a party to the dispute formally notifies its decision to appeal to the date on which the Appeal Tribunal issues its decision. When the Appeal Tribunal considers that it cannot issue its decision within 180 days, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Unless exceptional circumstances so require, In no case should the proceedings shall in no case exceed 270 days. 6. A disputing party lodging an appeal shall provide security, including security for the costs of appeal, as well as a reasonable amount to be determined by the Appeal Tribunal in light of the circumstances of the case. 7. The provisions of Articles 3.37 10.32 (Third-Third Party Funding), 3.46 10.43 (Transparency of ProceedingsTransparency), 3.47 10.44 (Interim DecisionsMeasures), 3.49 10.45 (Discontinuance), 3.51 10.47 (The Non-Disputing Party)Party to the Agreement) and, Article 3.53 (Provisional Award) and 3.56 (Indemnification or Other Compensation) where relevant, other provisions of this Section, shall apply mutatis mutandis in respect of the appeal procedure, mutatis mutandis.

Appeal Procedure. 1. Either disputing party may appeal a provisional award before the Appeal TribunalTribunal a provisional award, within 90 days of its issuance. The grounds for appeal are: (a) that the Tribunal has erred in the interpretation or application of the applicable law; (b) that the Tribunal has manifestly erred in the appreciation of the facts, including the appreciation of relevant domestic law; or (c) those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraphs (a) and (b). 2. If the Appeal Tribunal rejects the appeal, the provisional award shall become final. The Appeal Tribunal shall dismiss the appeal where it finds that the appeal is unfounded. It may also dismiss the appeal on an expedited basis where it is clear that the appeal is manifestly unfounded. 3, in which case the provisional award shall become final. If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal. 4. Where the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such facts and render a final decision. If that is not possible, it shall refer the matter back to the Tribunal. 53. As a general rule, the appeal proceedings shall not exceed 180 days calculated from the date on which a party to the dispute formally notifies its decision to appeal to the date on which the Appeal Tribunal issues its decision. When the Appeal Tribunal considers that it cannot issue its decision within 180 days, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Unless exceptional circumstances so require, In no case should the proceedings shall in no case exceed 270 days. 64. A disputing party lodging an appeal shall provide security, including security for the costs of appeal, as well as a reasonable appeal and for any amount to be determined by awarded against it in the Appeal Tribunal in light of the circumstances of the caseprovisional award. 75. The provisions of Articles 3.37 2.26 (Third-Third Party Funding), 3.46 2.36 (Transparency of ProceedingsTransparency), 3.47 2.37 (Interim Decisions), 3.49 2.38 (Discontinuance), 3.51 2.40 (The Non-Disputing Party), Article 3.53 (Provisional AwardParty to the Agreement) and 3.56 (Indemnification or Other Compensation) shall apply mutatis mutandis in respect of the appeal procedure, mutatis mutandis.

Appeal Procedure. 1. Either disputing party may appeal a provisional award before the Appeal Tribunal, within 90 days of its issuance. The grounds for appeal are: (a) that the Tribunal has erred in the interpretation or application of the applicable law; (b) that the Tribunal has manifestly erred in the appreciation of the facts, including the appreciation of relevant domestic law; or (c) those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraphs (a) and (b). 2. The Appeal Tribunal shall dismiss the appeal where it finds that the appeal is unfounded. It may also dismiss the appeal on an expedited basis where it is clear that the appeal is manifestly unfounded. 3. If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal. 4. Where the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such facts and render a final decision. If that is not possible, it shall refer the matter back to the Tribunal. 5. As a Asa general rule, the appeal proceedings shall not exceed 180 days calculated from the date on which a party to the dispute formally notifies its decision to appeal to the date on which the Appeal Tribunal issues its decision. When the Appeal Tribunal considers that it cannot issue its decision within 180 days, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Unless exceptional circumstances so require, the proceedings shall in no case exceed 270 days. 6. A disputing party lodging an appeal shall provide security, including the costs of appeal, as well as a reasonable amount to be determined by the Appeal Tribunal in light of the circumstances of the case. 7. Articles 3.37 (Third-Party Funding), 3.46 (Transparency of Proceedings), 3.47 (Interim Decisions), 3.49 (Discontinuance), 3.51 (The Non-Disputing Party), Article 3.53 (Provisional Award) and 3.56 (Indemnification or Other Compensation) apply in respect of the appeal procedure, mutatis mutandis.

Appeal Procedure. 1. Either disputing party may appeal a provisional award before the Appeal TribunalTribunal a provisional award, within 90 days of its issuance. The grounds for appeal are: (a) that the Tribunal has erred in the interpretation or application of the applicable law; (b) that the Tribunal has manifestly erred in the appreciation of the facts, including the appreciation of relevant domestic law; or (c) those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraphs (a) and (b). 2. The Appeal Tribunal shall dismiss reject the appeal where it finds that the appeal is unfounded. [It may also dismiss reject the appeal on an expedited basis where it is clear that the appeal is manifestly unfounded.] 3. If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal. 4. Where When the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such facts and render a final decision. If When that is not possible, it shall refer the matter back to the Tribunal. 5. As a general rule, the appeal proceedings shall not exceed 180 days calculated from the date on which a party to the dispute formally notifies its decision to appeal to the date on which the Appeal Tribunal issues its decision. When the Appeal Tribunal considers that it cannot issue its decision within 180 days, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Unless exceptional circumstances so require, In no case should the proceedings shall in no case exceed 270 days. 6. A disputing party lodging an appeal shall provide security, including security for the costs of appeal, as well as a reasonable appeal and for any amount to be determined by awarded against it in the Appeal Tribunal in light of the circumstances of the caseprovisional award. 7. The provisions of Articles 3.37 2.26 (Third-Third Party Funding), 3.46 2.36 (Transparency of ProceedingsTransparency), 3.47 2.37 (Interim Decisions), 3.49 2.38 (Discontinuance), 3.51 2.40 (The Non-Disputing Party), Article 3.53 (Provisional AwardParty to the Agreement) and 3.56 (Indemnification or Other Compensation) shall apply mutatis mutandis in respect of the appeal procedure, mutatis mutandis.