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(3) The Secretary-General shall refuse to register an application for: (a) revision, if, in accordance with Article 51(2) of the Con- vention, it is not made within 90 days after the discovery of the new fact and in any event within three years after the date on which the award was rendered (or any subse- quent decision or correction);
(b) annulment, if, in accordance with Article 52(2) of the
Convention, it is not made:
(i) within 120 days after the date on which the award was rendered (or any subsequent decision or correc- tion) if the application is based on any of the follow- ing grounds:
·
⚫ the Tribunal was not properly constituted;
•
⚫ the Tribunal has manifestly exceeded its powers;
•
⚫ there has been a serious departure from a funda-
mental rule of procedure;
the award has failed to state the reasons on which it is based;
(ii) in the case of corruption on the part of a member of the Tribunal, within 120 days after discovery thereof, and in any event within three years after the date on which the award was rendered (or any subsequent decision or correction).
(4) If the Secretary-General refuses to register an application for revision, or annulment, he shall forthwith notify the requesting party of his refusal.
Rule 51
Interpretation or Revision: Further Procedures
(1) Upon registration of an application for the interpretation or revision of an award, the Secretary-General shall forthwith:
(a) transmit to each member of the original Tribunal a copy of the notice of registration, together with a copy of the application and of any accompanying documentation; and (b) request each member of the Tribunal to inform him within a specified time limit whether that member is willing to take part in the consideration of the application.
(2) If all members of the Tribunal express their willingness to take part in the consideration of the application, the Secretary-General shall so notify the members of the Tribunal and the parties. Upon dispatch of these notices the Tribunal shall be deemed to be reconstituted.
(3) If the Tribunal cannot be reconstituted in accordance with paragraph (2), the Secretary-General shall so notify the parties and invite them to proceed, as soon as possible, to constitute a new Tribunal, including the same number of arbitrators, and appointed by the same method, as the original one.
Rule 52
Annulment: Further Procedures
(1) Upon registration of an application for the annulment of an award, the Secretary-General shall forthwith request the Chairman of the Administrative Council to appoint an ad hoc Committee in accor- dance with Article 52(3) of the Convention.
(2) The Committee shall be deemed to be constituted on the date the Secretary-General notifies the parties that all members have accepted their appointment. Before or at the first session of the Committee, each member shall sign a declaration conforming to that set forth in Rule 6(2).
Rule 53
Rules of Procedure
The provisions of these Rules shall apply mutatis mutandis to any procedure relating to the interpretation, revision or annulment of an award and to the decision of the Tribunal or Committee.
Rule 54
Stay of Enforcement of the Award
(1) The party applying for the interpretation, revision or annulment of an award may in its application, and either party may at any time before the final disposition of the application, request a stay in the enforcement of part or all of the award to which the application relates. The Tribunal or Committee shall give priority to the consideration of such a request.
(2) If an application for the revision or annulment of an award contains a request for a stay of its enforcement, the Secretary-General shall, together with the notice of registration, inform both parties of the provisional stay of the award. As soon as the Tribunal or Committee is constituted it shall, if either party requests, rule within 30 days on whether such stay should be continued; unless it decides to continue the stay, it shall automatically be terminated.
(3) If a stay of enforcement has been granted pursuant to paragraph (1) or continued pursuant to paragraph (2), the Tribunal or Committee may at any time modify or terminate the stay at the request of either party. All stays shall automatically terminate on the date on which a
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