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. 23 (February 7, 2014)
1. I dissent from the majority decisions embodied in Procedural Order Nº 23 concerning the deadline for submission of the Rejoinder by the Respondent, the hearing dates and the possibility given to the Claimants to file a Rejoinder Memorial on Jurisdiction by motifs already developed in detail in my Statements attached to the President’s letters to the Parties of 28 November 2013, 21 October 2013 and 26 September 2013, respectively.
2. With respect to the filing by the Respondent of the Rejoinder, Procedural Order Nº 23 extends the former deadline (15 February 2014) until 31 March 2014, namely by 47 days corresponding to the number of days during which the proceedings has been suspended (19 December 2013 to 4 February 2014). It follows that now the number of days for the Respondent becoming acquainted with the contents of the Claimants’ Reply is of 122 days (instead of 75 as before). But, it remains that the Claimants became acquainted with the contents of the Respondent’s Counter Memorial about 314 days before filing the Reply Memorial. This difference between the said 314 days and 122 days continue to constitute, in my opinion, a gross and unjustified deviation from the commands of the Parties’ equality procedural rule in detriment of the Respondent Party. Procedural Order Nº 23 does not correct therefore such a deviation.