RE: EARLY SETTLEMENT OF ICSID1 Jan 2026 19:17
I still believe Tunisia will settle the ICSID claim before the hearing in April, as once the hearing is done, the process moves to post-hearing submissions (if any), after that it moves to CLOSURE OF PROCEEDINGS, which means no further activities can take place until judgment is announced. This means that Tunisia has until CLOSURE OF PROCEEDINGS to offer settlement and have settlement accepted, because after CLOSURE OF PROCEEDINGS they must wait for judgement and, if Zenith win the full claim amount, Tunisia will no longer be in any position to offer settlement.
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From Google AI:
After the final hearing in an ICSID arbitration, the process moves to post-hearing submissions (if any), tribunal deliberation, issuance of the final award, and potential post-award remedies or enforcement.
Post-Hearing Phase and Award
1. Post-Hearing Submissions: The Tribunal may ask the parties to file final written submissions or statements on costs after the hearing.
2. Closure of Proceedings: Once the presentation of the case is complete, the proceedings are declared closed, which triggers the time limit for the tribunal to render its award.
3. Tribunal Deliberation: The tribunal deliberates in private to reach a decision by a majority vote.
4. Issuance of the Award: The tribunal must render the award as soon as possible, generally within 240 days after the last submission in a standard case (or 120 days in expedited cases). The award is in writing, states the reasons on which it is based, and is signed by the tribunal members. Any member may attach an individual opinion.
5. Notification: The award is considered "rendered" when the ICSID Secretary-General dispatches certified copies to the parties.
6. Publication: If the parties consent (or are deemed to consent after 60 days without objection), the full award is published; otherwise, excerpts of the legal reasoning are published.
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Key Triggers for Closure
***** Completion of Case Presentation: The most common trigger, where parties have submitted all evidence and arguments. ******
Settlement/Agreement: Parties reach a settlement, leading to a report noting the agreement (Conciliation Rule 37).
Discontinuance: Parties jointly request discontinuance, or it occurs due to non-payment of costs or prolonged inactivity (Arbitration Rules 54-57).
Failure to Participate: If a party fails to appear or cooperate, the Tribunal can close proceedings and issue a report noting the non-participation (Fact-Finding Rule 18).
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Subsequently this from Google AI:
ICSID proceedings close when parties finish presenting their cases (Arbitration Rule 38), often triggered by settlement, discontinuance requests, or failure to participate, leading to the Tribunal rendering an award or issuing a report after deliberation. This formal closure stops further submissions, sets deadlines for the award, and triggers costs statements, but tribunals can reopen cases for new decisive evidence or clarification.