I. INTRODUCTION

1. In its Memorial of May 29, 2008, the Republic of Guatemala (“Republic” or “Respondent”) contended that Railroad Development Corporation (“RDC” or “Claimant”) has not satisfied the waiver requirements of CAFTA Article 10.18.2(b) for four asserted reasons.1

2. In its Counter-Memorial of July 11, 2008, Claimant responded to each of Respondent’s arguments and demonstrated that none constituted a valid basis for dismissal of RDC’s claims. Further, Claimant made the case that even if, arguendo, the Tribunal were to find its waiver deficient, the object and purpose of CAFTA would permit the deficiency to be remedied with the subsequent submission of effective waivers.

3. On August 11, 2008, Respondent submitted its Reply on Jurisdiction, which narrows the scope of the issues that need to be addressed in this Rejoinder and decided by the Tribunal. Specifically:

1) With respect to the first issue, Respondent has acknowledged that “the Republic is sufficiently satisfied that Claimant has presented a waiver on behalf of FVG and that the issue of its authority to present a waiver on behalf of FVG is rendered moot given FVG’s signed waiver.”2 Since Respondent has now conceded this issue, there is no further need to address it.