Abstract:
This paper considers the approach to the review standard in the Abyei arbitration. The Tribunal in
Abyei took an expansive approach to review. But no rational basis exists for cross-fertilisation of
the expansive test to public international arbitration or ICSID. The expansive test in Abyei
should therefore be considered an exception based on its own facts. It is unlikely to indicate a
shift in the review standard in public international arbitration or ICSID.