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Gold/Mining/Energy : PAW - Pacific Wildcat Resources Corp
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To: JackieTreehorn who wrote (3359)3/6/2019 2:50:24 PM
From: Rocket Red1 Recommendation

Recommended By
longz

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The tribunal manifestly exceeded its powers
In each of the seven decisions, the applicants argued that the tribunal in question had manifestly
exceeded its powers. The excesses alleged involved diverse aspects of the proceedings, including the
tribunals‘ assumption of jurisdiction, admission and evaluation of evidence, legal findings, and
handling of procedural matters. In the three successful annulment applications—Argentina‘s
successful applications in Sempra and Enron, and the investor‘s successful application in Helnan—the
committees relied on this ground (at least in part) to annul the awards.
Drawing from previous annulment decisions, the seven decisions set forth the same general
principles regarding application of Article 52(1)(b). These principles are that a manifest excess of
powers will be found where the tribunal lacked jurisdiction or failed to decide a question over which
it had jurisdiction, where it disregarded the applicable law, or where it based the award on a law
other than the applicable law. The decisions also repeated the refrain that although a failure to apply
the applicable law can support annulment, an erroneous interpretation of that law will not. Further,
the decisions noted that to be ?manifest,? the tribunals‘ errors had to be evident or apparent on the
face of the award without requiring the committee to engage in in-depth reconsideration of the
evidence or law before the tribunal.
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