Abaclat and Others v. Argentine Republic, ICSID Case No. ARB/07/5 (formerly Giovanna a Beccara and Others v. The Argentine Republic), Statement of Dissent of Dr. Santiago Torres Bernárdez to Procedural Order No. 27 (May 30, 2014)
I have participated fully, together with my co-arbitrators, in the Tribunal’s deliberations on the subject-matter of Procedural Order Nº 27, but I am unable for reasons of principle developed below to join them in supporting an Order which I consider unbalanced:
a) Respondent‘s request for examination of individual Claimants
1. In this request, the Respondent asked, in the first place, for the examination of all of the Claimants remaining in the case and, in the alternative, that the Tribunal indicates the number of Claimants which may be examined at the hearing and, on the basis of such a number, the Argentine Republic will proceed to identify them. It is therefore evident that this alternative proposal means that once the Tribunal decided the number, the Argentine Republic will select the individual Claimants concerned.