About This Book
Given the numerous lacunae in the area of nullity of international arbitration awards, this study of Mercedes Carrillo Zamora seeks to examine in depth the reasons why a State suffering the consequences of an unfair arbitration procedure might eventually file with the International Court of Justice a motion to vacate an arbitration award.
It discusses the advisability of a losing State supporting its claim based on an inexcusable defect, recognized in different domestic legislation that allows greater evidentiary flexibility: procedural fraud. While procedural fraud has not been defined at the international level, it is proposed that the international judge refers to comparative law and the rules thereof pertaining to the nullity of judgments in deciding the feasibility of challenging an arbitration award on the grounds of procedural fraud.
This approach was developed simultaneously with the specific study of the boundary dispute between Venezuela and British Guiana (today Guyana) in relation to the territory of Guayana Esequiba, which dates back to colonial times.
