Abaclat and Others v. Argentine Republic, ICSID Case No. ARB/07/5 (formerly Giovanna a Beccara and Others v. The Argentine Republic), Individual Statement of Dr. Santiago Torres Bernárdez to the Directions from the Tribunal to the Parties (September 26, 2013)
I agree with the sending of the letter above to the Parties without prejudice of the following reservations and understanding:
1/ Regarding the timetable included in the Letter, I consider that to grant Claimants, in certain hypothetical situations, the last opportunity to respond through the filling of a Rejoinder Memorial on Jurisdiction is contrary to Rule 31 of the ICSID Arbitration Rules, the principle of equality of the Parties in the proceedings, and the logic of the method of the alternative submission of pleadings applicable in the present case (see my Dissenting Statement joint to PO.Nº13, point B(1), and Dissenting Opinion to PO. Nº15, paras. 55, 56 and 57(5)).