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GRAF & PITKOWITZ RECHTSANWÄLTE GMBH ATTORNEYS AT LAW

GRAF & PITKOWITZ RECHTSANWÄLTE GMBH ATTORNEYS AT LAW. REVISION / ANNULMENT OF INVESTMENT TREATY AWARDS Dr. Nikolaus Pitkowitz M.B.L.-HSG Vienna June 21, 2006 CIS Local Counsel Forum Baku. GRAF & PITKOWITZ RECHTSANWÄLTE GMBH ATTORNEYS AT LAW. Disputes under

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GRAF & PITKOWITZ RECHTSANWÄLTE GMBH ATTORNEYS AT LAW

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  1. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW REVISION / ANNULMENT OF INVESTMENT TREATY AWARDS Dr. Nikolaus Pitkowitz M.B.L.-HSG Vienna June 21, 2006CIS Local Counsel Forum Baku

  2. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Disputes under Bilateral Investment Treaties (BITs) Treaty Disputes Contract Disputes Breach of BIT Jurisdiction under BIT Guarantee Clause

  3. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Dispute Settlement Mechanisms ICSID Ad hoc Arbitration Institutional Arbitration State Courts

  4. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Selected BITs Azerbaijan – Austrian Competent State Courts Any applicable previously agreed dispute settlement procedure ICSID UNCITRAL ICC

  5. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Selected BITs

  6. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Revision of ICSID Awards Discovery of new facts „of such a nature as decisively to affect the award“ Application within 90 days Decision (if possible) by the same tribunal

  7. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Revision of (Austrian) Arbitration Awards Award has been caused by certain criminal acts including, document forgery and false testimony Application within 4 weeks Decision by state court

  8. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Annulment of ICSID Awards Improper constitution of the Tribunal (Manifestly) excess of powers by the Tribunal Corruption on the part of a member of the Tribunal Serious departure from a fundamental rule of procedure Award failes to state reasons

  9. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Annulment of (Austrian) Arbitral Awards Lack of a valid arbitration agreement Improper composition of the arbitral tribunal Excess of jurisdiction Violation of due process or fair trial Violations of (procedural) public policy

  10. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Annulment of (Austrian) Arbitral Awards continued Unlawful denial of jurisdiction Incapacity of a party to enter into an arbitration agreement Violations of (substantive) public policy Lack of objective arbitrability

  11. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW Procedural Aspects ICSID Award (Austrian) Arbitral Awards Annulment application within 120 days 3 Month Decision by New Arbitral Tribunal State Court

  12. GRAF & PITKOWITZRECHTSANWÄLTE GMBHATTORNEYS AT LAW THANK YOU FOR YOUR ATTENTION!

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