Summary

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Because of La Puya's unique perspective, knowledge, and insight regarding the matter, La Puya's participation will assist the Tribunal in determining various legal and factual issues that directly bear on the claimed violations of Chapter 10 of CAFTA-DR, as alleged in the Request for Arbitration. As described in more detail above, without La Puya's involvement, the Tribunal will be left with an incomplete picture regarding the circumstances surrounding the El Tambor mining project, which will inhibit the Tribunal from adequately concluding whether the Guatemalan courts properly halted Claimants' mining activities, or whether the Government did, in fact, breach its obligations under CAFTA-DR Article 10.3 (National Treatment), Article 10.4 (Most Favored Nation Treatment), Article 10.5 (Minimum Standard of Treatment), and Article 10.7 (Expropriation and Compensation),

Therefore, pursuant to CAFTA-DR Article 10.20(3), ICSID Rule 37(2) and, to the extent applicable, Article 41(3) of the ICSID Additional Facility Rules, we respectfully request that the tribunal accept and consider amicus curiae submissions from non-disputing party, La Puya. Finally, we respectfully request that the Secretariat provide a copy of this letter to the Tribunal and to the disputing parties.

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