ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30, Dissenting Opinion of Georges Abi-Saab (March 10, 2014)
1 – In its letter of 8 September, 20131, the Respondent « formally request[ed the Tribunal to hold] a limited focused hearing to address” mainly the issue of “good faith negotiation”, given that “[i]t is clear that the Tribunal was under certain misapprehensions with respect to the parties’ confidentiality commitments and the progress of the negotiations after the migration”, as well as to consider some crucial related evidence recently revealed via Wikileaks.
2 – The Majority rejects this request, for reasons I find wanting; whence this dissenting opinion, as explained below.
3 – The Majority, after rapidly examining the relevant articles of the ICSID Convention and the Rules of Arbitration, does not find in them any basis for exercising the power needed to reconsider certain of its findings in its Decision of 3 September 2013. In this respect it states :