Article 52(5) of the ICSID Convention allows an applicant for annulment of an ICSID award to request that enforcement of the award be stayed while the annulment decision is pending. Although ICSID ad hoc committees have always granted such requests, they have disagreed as to whether a continued stay of enforcement should be conditional. One of the key concerns shared by these committees appears to be that continuation or termination of the stay should not undermine the annulment application's practical outcome.
Journal of International Arbitration