INTRODUCTION 

1. Claimants hereby submit their Rejoinder (“Claimants’ Rejoinder”) to Respondent’s Reply Application for Provisional Measures. As per the Parties’ agreement, recorded in ICSID’s letter dated September 30, 2014, the scope of this submission will be limited to Respondent’s Application for Provisional Measures. Insofar as it is necessary and required by due process, this submission will also address Respondent’s new arguments in relation to the jurisdictional objections raised for the first time by Respondent in its Opposition to Claimants’ Request for Provisional Measures as the claimant must necessarily have the last word on jurisdiction. For the avoidance of doubt, any issue raised by Respondent which is not specifically and explicitly addressed in the present submission is hereby denied in full, and Claimants reserve their right to address any such issue at a more appropriate stage of the proceedings. 

2. Claimants would like to flag at the outset that Respondent has chosen to persist with the strategy of diverting the Tribunal’s attention not only from Respondent’s taking of Claimants’ investment – the illegality of which was confirmed by Respondent’s own Supreme Court on three separate occasions – once the Gemerská Poloma deposit had been re-risked, but also from the subject-matter of Claimants’ Application for Provisional Measures, namely the retaliatory measures of the most irregular kind taken by the host State against Claimants, specifically the seizure of their records, in blatant disregard of the most basic principles of procedural fairness and due process.1