The Review Standard in Public International Arbitration after Abyei

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.