Reproduced from www.worldbank.org/icsid with permission of ICSID.
1. This procedural order deals with the question whether the Mosquera Submission may be admitted as an amicus curiae submission of a non-disputing party in the sense of Article 10.20.3 of the US-Colombia Trade Promotion Agreement (the "Treaty") and ICSID Arbitration Rule 37(2).
2. The Tribunal will first summarize the Mosquera Submission to the extent necessary to decide on its admissibility (B.) and the Parties' comments in this regard (C.). Thereafter, the Tribunal will consider whether to admit the Mosquera Submission as amicus curiae submission of a non-disputing party (D.).
THE TRIBUNAL HEREBY ORDERS:
68. Based on the foregoing, the Tribunal decides as follows:
I. Mr. Mosquera's submission of 15 October 2021 and its accompanying evidence attached are not admitted to the record.
II. Mr. Mosquera shall be informed of the Tribunal's decision and provided with a copy of this procedural order.
III. Sections 3 to 5 of Claimants' comments dated 1 November 2011 are stricken from the record.
Place of arbitration (legal seat): Washington, D.C.
Professor Dr. Klaus Sachs
On behalf of the Tribunal