I. INTRODUCTION AND SUMMARY OF ARGUMENTS

1. Pursuant to and in accordance with Article 49(2) of the ICSID Convention and Rule 49 of the ICSID Arbitration Rules, Claimant Railroad Development Corporation respectfully submits its request for supplementation and rectification of the award rendered on June 29, 2012 in Railroad Development Corporation (RDC) v. Republic of Guatemala, ICSID Case No. ARB/07/23 (the “Award”).

2. Article 49(2) of the ICSID Convention provides that The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similar error in the award.

3. The purpose of a supplementary decision under Article 49(2) is to provide a remedy for questions that were put before the Tribunal during the proceedings on the merits but were not addressed or decided in the Award.1 In order to warrant a supplemental decision, the omitted questions must concern an issue that materially affects the award.2 Examples of such material questions would include the inadvertent omission of an item in the calculation of damages or of a factor determining costs.3

4. Article 49(2) further states that the Tribunal “shall rectify any clerical, arithmetical or similar error in the award.” Thus, whereas a supplemental decision under Article 49(2) is discretionary, the rectification of any error in the award is obligatory.4 Typical errors which are subject to rectification include computational errors with respect to set-off, interest and cost allocation calculations.5