Fraport AG v the Republic of the Philippines (ICSID Case No. ARB/03/25) - Dissenting Opinion of Mr. Bernardo M. Cremades
Article from: TDM 5 (2007), in Case Comments & Awards
The decision of the majority is based on the confidential shareholder agreements that the President obtained from the Claimant during the hearing. The significant provisions of these shareholder agreements appear in the quotations in paragraphs 319, 320 and 321 of the majority decision. Paragraph 319 refers to Article 2.02 of the Pooling Agreement that states 'in case the Shareholders are unable to reach a common position' then after consultations 'the shareholders shall thereafter act upon the recommendations of [the Claimant]'. Paragraph 320 refers to Article 1.07 of the same ...