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 (October 21, 2013)
I dissent from the contents of the above letter by the following reasons:
1. Hearing date and request for an extension of the deadline for the submission of the Rejoinder (para. 2 of the letter)
1. By the present majority’s letter it is decided “to hold the hearing (of the Arbitral Tribunal) as suggested, i.e., in the last two weeks of June 2014”. In a previous letter on the matter of 26 September 2013, the Arbitral Tribunal suggested to the Parties the possibility of holding the hearing in June 2014 because of the availability of the arbitrators in such a month, but without prejudice of the Parties’ views on the matter. The relevant suggestion of the said 26 September letter reads as follows:
“As concerns the hearing, all arbitrators would be available during the month of June 2014 and therefore suggest holding the hearing during that period. The Arbitral Tribunal hereby invites the Parties and their Counsel to consult and confirm on which dates during that period they would be available for the hearing. Without prejudice of the Parties views on the matter, the Arbitral Tribunal at present estimates that the duration of the two weeks originally envisaged should be sufficient”.