ICSID: «Statement of Dissent of Dr. Santiago Torres Bernárdez to Procedural Order Nº 32 of August 1, 2014»

pubil“I am unable for reasons of principle to join my co-arbitrators in supporting the above Order which I consider in several respects quite unbalance and detrimental to the right of defence of the Respondent Party.

 As concerns individual Claimants and the Respondent’s request to examine each Claimant (points 1 and 3 of the decisional part)

1. In point 1 of the Order, the majority finds it appropriate to proceed first with regard to the “Verified Claimants who are not subject to any withdrawal request” and to defer its ruling on all remaining Claimants until after its decision on the said Verified Claimants. In the first place, I cannot but expressed my surprise for the adoption by the majority of a ruling approach on the pending ratione personae individual jurisdiction and admissibility issues before any deliberation (either as a whole or in part) by the Tribunal on the merits of that matter. …”

To read the statement of dissent click here.