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 to the Letter from the Tribunal to the Parties (November 28, 2013)
1. In the above letter the President on behalf of the majority of the Tribunal, namely by two votes to one, rejects the requests made by the Respondent’s letter of 20 November 2013 asking the Tribunal (i) to grant respondent 314 days for the filing of its Rejoinder Memorial on Phase 2, i.e. to extend the deadline to 9 October 2013, and (ii) to revisit its decision on discontinuance of the proceedings with respect to a group of claimants as per President’s letter of 4 November 2013. I cannot join my colleagues in their summary dismissal of what I consider reasonable and justified requests bearing in mind the unfolding of the present proceedings as a whole.
1. The request to extend the deadline for the filing of the Rejoinder Memorial
2. The majority rejects this request through the following assumption and belief: (i) that it would be an inappropriate to assume that Claimants enjoyed 314 days to prepare their Reply Memorial; and (ii) that the Tribunal believes (namely the majority) that a period of 10.5 weeks as of the receipt of the Claimants’ Reply is sufficient for the Respondent to prepare its Rejoinder. Both, namely the assumption and the belief, are based upon the appreciation by the majority that it would not be “justified or appropriate” to grant to the Respondent “an exactly same amounts of days for the filing of the Rejoinder Memorial” as the Claimants had had at their disposal for the filing of their Reply. I am of a different view.