Victor Pey Casado and President Allende Foundation v. Republic of Chile, ICSID Case No. ARB/98/2, Decision on the Republic of Chile's Request for Supplementation of the Annulment Decision (September 11, 2013)
1. On 18 December 2012, the present Committee issued its Decision on the Application for Annulment of the Republic of Chile (the “Decision on Annulment”) partially annulling the award rendered on 8 May 2008 in ICSID Case No. ARB/98/2 (the “Award”) between Víctor Pey Casado and the Foundation “President Allende” on one side (the “Claimants”) and the Republic of Chile (the “Republic” or “Respondent” or “Chile”) on the other side.
2. On 1 February 2013, the Republic submitted an electronic copy of a Request for Supplementation of the Annulment Decision dated 18 December 2012 (“Supplementation Request”) regarding the application of moratory interest to the amounts owed for costs and expenses pursuant to the unannulled portion of the Award, the Tribunal’s decision on revision dated 18 November 2009 (the “Decision on Revision”) and the Decision on Annulment.
3. The Secretariat of the International Centre for Settlement of Investment Disputes (“ICSID” or the “Centre”) transmitted the Supplementation Request to the Claimants on 4 February 2013 upon receipt of the hard copies. The ICSID Secretary-General registered the Supplementation Request on 7 February 2013 and transmitted it to the members of the Committee.
4. By letter of 8 February 2013, the Committee informed the parties that pursuant to Rules 49(3) of the Rules of Procedure for Arbitration Proceedings (the “Arbitration Rules”), it had to fix time limits for the parties to file their observations on the Supplementation Request and determine the procedure for its consideration. The Committee indicated that, in the circumstances, it believed that two rounds of written observations would be necessary to properly consider the Supplementation Request and invited the parties to agree on the schedule for such filings. The Committee further specified that the Republic should be the first to file observations with a view to substantiate its Supplementation Request.