Abaclat and Others v. Argentine Republic, ICSID Case No. ARB/07/5 (formerly Giovanna a Beccara and Others v. The Argentine Republic), Procedural Order No. 20, Statement of Dissent of Dr. Santiago Torres Bernárdez (April 24, 2013)
1. As explained in my Dissenting Opinion to Procedural Order Nº 15, I objected that Order for reasons of principle based upon the relevant provisions of the ICSID Convention and Rules as well as for my lack of confidence in the single Expert chosen by the majority of the Arbitral Tribunal in the light the verification tasks to by performed by him. For similar grounds, I appended a Statement of Dissent to Procedural Order Nº 17 because of my disagreement with the confirmation of Dr. Wühler (with or without a team) as Expert of the Tribunal, the object and purpose of the Expert’s mission, its scope, mandate and procedures and the time allocated to each individual verification, as well as with the usefulness of a verification of the Claimants’ Database out of context or in isolation from the legal and factual surrounding circumstances.