Abaclat and Others v. Argentine Republic, ICSID Case No. ARB/07/5 (formerly Giovanna a Beccara and Others v. The Argentine Republic), Individual Statement by Santiago Torres Bernárdez to Procedural Order No. 22 (July 31, 2013)
My vote in favour of PO Nº 22 encompasses two reservations concerning paragraphs 2 (i) and 5(i) of the decisional part, as follows:
Paragraph 2 (i)
1. The decisional part of the PO distinguishes inter alia between “updates concerning only the hardware or software of the Database” (the so-called Technical Updates) and “updates modifying the contents of the Database”. Furthermore, paragraph 2 thereof distinguishes between “past Technical Updates” and “future Technical Updates”. These latter Technical Updates, including the attempted Update of March 2013, are subject to a given prior written notice procedure set forth in paragraph 2(ii) which I approve. However, such a procedure is not made applicable by the Order to the “past Technical Updates” made by Claimants in September and December 2012 and the Order even “approves” those unilateral and untimely changes.