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Q6. “[T]he role of an ad hoc committee is a limited one, restricted to assessing the legitimacy of the award and not its correctness. ... The annulment mechanism is not designed to bring about consistency in the interpretation and application of international investment law. The responsibility for ensuring consistency in the jurisprudence and for building a coherent body of law rests primarily with the investment tribunals. They are assisted in their task by the development of a common legal opinion and the progressive emergence of ‘une jurisprudence constant’ ...”
- MCI Power Group v Ecuador (ICSID Case No ARB/03/6, Decision on Annulment of 19 October 2009), para. 24.
Critically discuss. Do annulment decisions suggest that ad hoc annulment committees may be acting as appellate tribunals?
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