That is true no new evidence allowed in annulment stage but if we get as far as the merits stage then we will introduce new evidence [as can be read in the link I supplied last week with a PDF of the details statistics and procedure of an annulment application }
http://www.italaw.com/sites/default/files/case-documents/italaw8620.pdf Plenty of Eater reading here for those that have not seen ! This was published by Italaw but it is from Icsid I dont know why when going through ICSID as a layman no details are shown. They are trying to keep a lid on things obviously but I thinl roi will have beeen sent a copy ?
58. There have been a total of 43 requests for the stay of enforcement in the 90 registered annulments, 41 of which have led to Committee decisions.104 Thirty-six decisions granted the stay of enforcement. In 22 of those instances where a stay was granted, it was conditioned upon the issuance of some type of security or written undertaking. In 11 of those 22 cases, the stay was terminated because the condition had not been satisfied.105 This is from my 10.31 link.hopefully our funder can provide this secutity ???
https://icsid.worldbank.org/en/Documents/resources/Background%20Paper%20on%20Annulment%20April%202016%20ENG.pdf annulment pdf in detail of stages
https://icsid.worldbank.org/en/Pages/process/Post-Award-Remedies-Convention-Arbitration.aspx scroll down to annulment
mikemike I too use google chrome and when reading a foreign article an icon appears at the right hand side of the browser bar [with the link in it ]It appears between the magnifying glas and star symbol .Just click it and wait . G/L
I think the ad hoc team may have to decide 1st if we have a case for annulment. So the 1st rns maybe that an ad hoc team has been selected then a further rns to ascertain if the annulment application has been successful [or not] and if we have won there should also be an announcement of a permanent stay of costs. Then it would be game on and a relisting There could also be multiple announcements inbetween if ROI contests the stay of costs and any other stages ?. There also maybe an rns soon to outline the procedure from here.. Sadly I dont think anybody has to screen watch today :-(
http://kaltim.tribunnews.com/2017/04/06/korporat-tambang-besar-sekelas-churchill-mining-pun-dilawan I know we have all seen this article but ddid you all see the 3 pages of arrogance and that Noor lead the court fight with rio tinto and bp and lost but with this case it has propelled him to be a national level politician ! haha the arrogance just look at the way he poses for photos that Im sure will be looked at globally .Hopefulyy in the next photo he wont just have his hand on it but a vice !
So application pending which ROI and the world already knew but when will ICSID be showing the the details of the application ? I still cant understand why Italaw was able to last week ? We want ROI and the world to see !
I agree with Maestro There would not be a lot to dicuss in the merit phase . Owing to the fact that they would all have eggon their faces to start with I dont think they would want us to share any new evidence publicly so it could well be straif=ght to the quantum or OOC stage ?
In 1 of the other case for annulment application [very long winded document] Venezuela -Mobil I tthink. In the small print it stated quiet clearly that new evidence could not be submitted at this juncture. I suppose that could be logical as we are discussing what happenned unfaily and request annulment. Fresh evidence would have called for a revision I think. We do have fresh evidence apparently but I suppose we would use this if we end up going down the Merits and Quantum stages.
I saw another case published on the ICSID website the annulment request 1 week after the co had filed. I shall start to get excited that maybe something is going on behind the scenes if they take more than 2 weeks to announce. I cannot remember the name but I did post it here at the time.It was when Maestro posted a list of cos that had got annulment.and it was the to 1.
http://www.lexology.com/library/detail.aspx?g=ac2091c5-e157-4972-b7b8-384414718f41&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+s An example of when it gets tough for the arbiters. I dont know how many cases have asked for arbitrator removal ? I know we are aware of 1 case
On 2 February 2015, the Bolivarian Republic of Venezuela (“Venezuela” or “the Applicant”) filed with the Secretary-General of the International Centre for Settlement of Investment Disputes (“ICSID” or “the Centre”) an Application under Article 52 of the ICSID Convention and Rule 50 of the ICSID Arbitration Rules (“the Application”), seeking the annulment of the Award rendered on 9 October 2014 (“the Award”) of the Tribunal in the arbitration proceedings between Venezuela Holdings, B.V., Mobil Cerro Negro Holding, Ltd., Mobil Venezolana de Petróleos Holdings, Inc., Mobil Cerro Negro, Ltd. and Mobil Venezolana de Petróleos, Inc. (“the Mobil Parties” or “Respondents”) and Venezuela. The Application sought annulment of the Award on three of the five grounds set forth in Article 52(1) of the Convention. 2. The Application also included a request for a stay of enforcement of the Award under Article 52(5) of the ICSID Convention. 3. On 9 February 2015, the Secretary-General informed the Parties that the Application had been registered on that date and that the Chairman of the Administrative Council of ICSID would proceed to appoint an ad hoc Committee pursuant to Article 52(3) of the ICSID Convention. The Parties were also notified that, pursuant to ICSID Arbitration Rule 54(2), enforcement of the Award had been provisionally stayed. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ So this case took 1 week from filing the annulment request to announcing the request ???