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 Directions from the Tribunal to the Parties (November 4, 2013)
I cannot join my colleagues on the above letter for the following reasons:
1. The further entries of data in the Database requested by the Claimants
1. I reiterate my objections to the entries of old data in the Tribunal’s recorded Database done by the Claimants before and/or after P.O. Nº 22 which I consider to be contrary to an orderly unfolding of the present proceeding as well as to basic principles, rules and practices concerning the administration of proof followed in international arbitral and judicial procedures, as I had already the occasion to explain in my previous relevant individual or dissenting statements on the matter. The same considerations apply to the present Claimants’ requests to be authorized to make further entries, of new data this time, in the said Database.
2. The right of the Parties to submit elements of evidence is not envisaged by the applicable procedural principles and rules as a continuum during the written phase, but rather as a right to be exercised by each Party on the occasion of the filing of their respective second written pleading and without modifying in any respect the Tribunal’s recorded elements of proof (or relating thereto) submitted by the same Party together with its own first written pleading.