Member Info for maestro1

Orbiter Should they lose the annulment then roi would be under pressure to settle. They need to think about their economy.. Indonesia is expecting to become one of the top 10 largest economies in the world in next 30 years, the current rate they are going this may not happen as other states may put sanctions on their good etc. Just like roi are messing around with Freeport, the Americans have threatened them with trade levies etc. The lies will eventually catch up to them... Imho

Thanks Charlotte, should chl win annulment which they have a very good chance to do so the odds increase significantly of an ooc settlement. The precedence this award can produce is very dangerous it will make icsid tribunal pointless. No party relied on the minotte case yet a year after the hearing the tribunal change the scope of the hearing yet again. They failed to allow chl to be heard, chl protested this, nowhere in the award does it mention this.

But the fact the tribunal agreed with the possibility of insider involved they weren't interested in log book etc It was bad decision, insider involved and roi have to take responsibility for their own employees.

Sperac It was another investor.

I've been told that the forgery case will not be raised again. The fact that roi, Noor and their counsel pointed fingers at Putra this will be their downfall. They deliberately lied to tribunal that they didn't know where Putra was, the fact that he was still employed by the state was shocking. On top of this you would think that with Noor pointing fingers at Putra, the latter wouldn't want to know him. Both were caught with each other.

Joking aside, everyone knows that the decision was bent, the annulment app has some strong points. The tribunal failed to apply Indonesian law to the exploitation licenses, as we know a case recently was annulled because the tribunal failed to apply domestic law. Let's say for the sake of argument, even if the past licenses were fraudulent under the eye s of the tribunal that doesn't mean they fail to address the current licenses which Indonesia didnt dispute as fraudulent. They only say Noor would not have signed docs had he known the past licenses were fraudulent. Without his testimony roi don't have case and have to rely on the law, the law is simple under Indonesian law the exploitation licenses are standalone and they count. We should get annulment on this point alone.. Imho

ive heard the forgery hearing will not be heard again once IF the whole process begins again..... The case was about the forestry breaches and that was the reason why the licenses were revoked in the first place..

Uncanny Its slow, its very slow. The ad hoc committee will probably have a conference call and begin the proceedings. Let's see how long they take to wrap it up..

Guys, how come the drilling hasn't commenced yet, it was suppose to commence early may.

The usual selling begins, there is something not right here. Of course IMHO.

if one point triggers the annulment, the remaining points will not be looked at by the tribunal, so it can be quick, now within 10-11 months this can be completed imho

you have to remember two previos arbiters were European also, it makes no difference...

mikemike the annulment phase has officially begun, now they will have to give reasons to reject all 17 points for annulment. Just last month Exxon case was annulled as the arbiters failed to apply domestic law to the case and failed to provide reasons, one of our reasons are similar, they have to be consistent.

The French and tee Germans are not the best of friends with us at the moment. Regardless I prefer these selections, on paper should be straight forward annulment.

and an american...

Ad hoc committee assigned...

Well the old dog has some life, long may it continue. Drilling should commence shortly.

James's Who knows in the future they may talk about the chl era.. :-)

this is the reason why chl have posted the full annulment application on their website so anyone can see the injustice they received not only by roi but icsid. The tribunal played us but we embarrassed them with copying the relevant hearing transcript where they said they would hear about legality of exploitation licenses separately. Just so many holes in this award.

Sperac We have 17 reasons for annulment, some of these are procedural errors which will set dangerous precedence if they are not rectified. I have no law experience and its common sense that the Noor statement will totally change the scope of icsid, whereas claimant or respondent can state that a witness does not need to attend for cross examination but his statement can still be used even though its been struck out. Another which a recent case has been annulled for, the tribunal failed to apply domestic law to the case, under Indonesia law the exploitation licenses which were revoked are standalone entity. The tribunal deliberately ignored domestic law and applied international law without an explanation. There are too many holes in this award, icsid are in a trouble and the easy way would be to annul this award. Of course icsid can refuse the annulment but icsid will become pointless