Mr Joshua Dean Nelson and Mr Jorge Blanco v United Mexican States - ICSID Case No. UNCT/17/1 - Decision on Correction Request - 31 July 2020
Country
Year
2020
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID.
PROCEDURAL BACKGROUND
1. On 5 June 2020, the Tribunal rendered the final award in this arbitration (the "Award").
2. On 4 July 2020, Claimant requested the Tribunal to make certain "technical corrections" to the Award (the "Request"), pursuant to Article 36 of the Arbitration Rules of the United Nations Commission on International Trade Law adopted by the United Nations General Assembly on 15 December 1976 (the "UNCITRAL Rules"). In his Request, Claimant expressly "consent[ed] to the authority of the truncated Tribunal to make such corrections."
3. Upon the Tribunal's invitation, on 10 July 2020, Respondent submitted its comments to the Request and, on 16 July 2020, confirmed that it had no objections to the Request being decided by the remaining Members of the Tribunal.
THE PARTIES' POSITIONS
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THE CLAIMANT'S REQUEST
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THE RESPONDENT'S POSITION
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THE TRIBUNAL'S CONSIDERATIONS ON THE REQUEST
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THE TRIBUNAL'S DECISION ON THE REQUEST
26. For the reasons above, the Tribunal decides to correct the Award as follows:
a) Paragraph 392 of the Award shall read: 392. In the present case, the arbitrators' fees and expenses and ICSID's administrative fees and direct expenses, amount to (in USD)
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Total 948,375.03
b) Paragraph 389 of the Award is deleted in its entirety and left blank; and
c) Paragraph 391 of the Award shall read: 391. This provision gives the Tribunal discretion to allocate all costs of the arbitration. Article 40(1) of the Arbitration Rules states that although "the costs of arbitration shall in principle be borne by the unsuccessful party [...] the arbitral tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case" and Article 40(2), which refers to the reasonable costs for legal representation and assistance of the successful party claimed during the arbitral proceedings -- as stated in Article 38(e) -- reiterates that the tribunal "taking into account the circumstances of the case" is "free to determine which party shall bear such costs or may apportion such costs between the parties if it determines that apportionment is reasonable."
27. All other requests for correction are denied.
Date: 31 July 2020
Place of Arbtiration: Toronto, Canada
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