The Award12 Jan 2022 21:34
Can we get back to the ”meat and two veg” option of the menu of options facing RKH? It’ s the ICSID tribunal award, without which, everyone agrees is critical to Going Concern status.
We saw on Monday that the tribunal received updated statements of costs from both parties. I have trawled through most of the concluded cases in recent times, and the statement of costs always precedes a tribunal statement that the proceedings are closed (which might take days of months) followed by the rendering of the award (which also takes days of months). There was one slam dunk case where both were published on the same day.
However, this case is slightly different, because the initial statement of costs was received in 2019 , but the defendant then asked for a suspension to consider the jurisdiction validity, which was thrown out, as was some third party intervention, ECJ?. Then after the third party intervention, a further request by the defendant to consider jurisdiction was considered and thrown out.
I cannot imagine a world where a defendant tries twice to void a case on a technical basis which they know they have won. It follows that they know they have lost, in my view. Even the Duke of York would have to agree with that!
So, over the coming days, or weeks, I fully expect the rendering of award in favour of RKH, and irrespective of how to recover the money from Republic of Italy, the SP will find a new and higher trading range.