Ombrina Mare7 Oct 2020 20:12
As the Ombrina Mare case seems to drag on, I decided to contact ICSID. Not regarding Rockhopper or Ombrina Mare in particular (they would never comment on an individual case anyway) but just on their timescales because when I asked them earlier in the year, they stated that they were all able to continue working remotely. They told me specifically, and I quote:
"ICSID has not experienced delays with the rendering of awards. Note that the award must be signed within 120 days of the proceeding being declared closed (Arbitration Rule 38 and 40) - rather than from the final hearing".
I find this interesting because if they are being truthful and there has been no delay in the rendering of awards, and I'm sure Rockhopper wouldn't outright lie in an RNS, perhaps the delay was in the proceeding being declared closed rather than with the award itself.
If so, would I be right in thinking that an award would not be being worked on until the proceeding has been declared closed? If I'm correct, RKH stated on 15th September that "feedback from the Tribunal has indicated that work continues on the award". Rockhopper also state that they got that update in August, so can we assume that the proceedings had been declared closed by the end of August at the latest?
If so, then the award (outcome) should be declared by the end of this year at the very latest.
Hope that makes sense!