I. GENERAL COMMENTS

1. The present case is a very complex case to which the three members of the Tribunal have been extremely devoted during many years. Although I greatly respect and esteem my distinguished colleagues, I could not concur with them on several important legal findings. While I subscribe to the analysis of the facts and the law concluding that the Respondent acted in a disproportionate manner in its reaction to the serious violation of its laws by the Claimants, I am in complete disagreement with the way damages have been calculated, which I consider to be resting on grossly incorrect legal bases. To be accurate, I don’t have a problem with figures, I have a problem with principles that were applied (or not) to reach these figures.

2. As a matter of fact, I disagree with all the answers given to what the Tribunal has called the “four ‘core’ threshold quantum issues” described in the following manner (§ 457 of the Award):