The Tribunal thanks the Parties for their written submissions and their very helpful oral presentations in Hong Kong on 25th and 26th January 2012 relating to the evidence of Mr. Lobit.
The Tribunal has decided to give the Parties its Decision as a matter of urgency and in so doing has been guided by two factors. First, there is a merits hearing fixed for September 2012 in Paris and the Tribunal and, doubtless the Parties too, do not want to countenance any further delay. This case was due to be heard in April 2012 but was adjourned due to the Claimant’s application. Secondly, the Tribunal is anxious not to risk trespassing on matters that might need to be dealt with in the Award following the merits hearing. Accordingly, the Tribunal has concluded that both caution and expedition favour the course of giving just the result of the applications now, but leaving the reasons for further adumbration in the Award, following the September hearing.
Accordingly, having taken into account all the submissions and materials presented, the Tribunal rules as follows: