Summary

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ANALYSIS

22. This Decision is issued by a majority of the Tribunal composed of Professor Albert Jan van den Berg and Professor Vaughan Lowe KC. The Decision is subject to dissent by Arbitrator Dr. Horacio A. Grigera Naón.

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45. Other than these limited corrections, the Track III Award remains as issued.

46. Having addressed the Respondent's Request and the submissions made by the Parties in connection with it, the Tribunal considers that it has achieved the goal of reasonable precision in the assessment of damages in accordance with its reasoning in the Track III Award.64 Accordingly, the Tribunal determines that final sum of damages resulting from the above corrections is appropriate in light of all relevant circumstances, even if any further minor errors should be subsequently discovered. For the avoidance of doubt, the Track III Award, as corrected by this Decision, is now final and binding on the Parties under Articles 32(2) and 36 of the UNCITRAL Arbitration Rules.

DECISION

47. For the foregoing reasons, the Tribunal, by majority, grants the Respondent's Request only to the extent set out above.

48. This Decision, although separately signed by the Tribunal's members on three signing pages, constitutes a decision signed by the three arbitrators under Articles 32 and 36 of the UNCITRAL Arbitration Rules.

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Footnotes omitted