Re: ICSID UPDATE
in response to
by
posted on
Dec 12, 2013 03:01AM
Crystallex International Corporation is a Canadian-based gold company with a successful record of developing and operating gold mines in Venezuela and elsewhere in South America
https://icsid.worldbank.org/ICSID/FrontServlet Status of Proceeding |
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Pending (Following the resignation of arbitrator Florentino Feliciano, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(1) of the ICSID Arbitration (Additional Facility) Rules. The Tribunal consents to the resignation of arbitrator Florentino Feliciano pursuant to Article 14(3) of the ICSID Arbitration (Additional Facility) Rules and the Secretary-General notifies the parties thereof on December 11, 2013) |
https://icsid.worldbank.org/ICSID/StaticFiles/facility/AFR_English-final.pdf
From the ICSID Rules, Articles 16(1) and 14(3) and surrounding contextual Articles
Article 13 Constitution of the Commission (1) The Commission shall be deemed to be constituted and the proceeding to have begun on the date the Secretary-General notifies the parties that all the conciliators have accepted their appointment. (2) Before or at the first session of the Commission, each conciliator shall sign a declaration in the following form: “To the best of my knowledge there is no reason why I should not serve on the Conciliation Commission constituted with respect to a dispute between _________________ and __________________. “I shall keep confidential all information coming to my knowledge as a result of my participation in this proceeding, as well as the contents of any report drawn up by the Commission. “I shall not accept any instruction or compensation with regard to the proceeding from any source except as provided in the Administrative and Financial Regulations of the Centre. “A statement of my past and present professional, business and other relevant relationships (if any) with the parties is attached hereto.” Any conciliator failing to sign such a declaration by the end of the first session of the Tribunal shall be deemed to have resigned. Article 14 Replacement of Conciliators after Constitution of the Commission (1) After a Commission has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator should die, become incapacitated, resign or be disqualified, the resulting vacancy shall be filled as provided in this Article and Article 17 of these Rules. (2) If a conciliator becomes incapacitated or unable to perform the duties of his office, the procedure in respect of the disqualification of conciliators set forth in Article 15 shall apply. 33 Schedule B Conciliation (Additional Facility) Rules
(3) A conciliator may resign by submitting his resignation to the other members of the Commission and the Secretary-General. If the conciliator was appointed by one of the parties, the Commission shall promptly consider the reasons for his resignation and decide whether it consents thereto. The Commission shall promptly notify the Secretary- General of its decision.
Article 16 Procedure during a Vacancy on the Commission (1) The Secretary-General shall forthwith notify the parties and, if necessary, the Chairman of the disqualification, death, incapacity or resignation of a conciliator and of the consent, if any, of the Commission to a resignation. 34
Schedule B
Conciliation (Additional Facility) Rules (2) Upon the notification by the Secretary-General of a vacancy on the Commission, the proceeding shall be or remain suspended until the vacancy has been filled. Article 17 Filling Vacancies on the Commission (1) Except as provided in paragraph (2) of this Article, a vacancy resulting from the disqualification, death, incapacity or resignation of a conciliator shall be promptly filled by the same method by which his appointment has been made. (2) In addition to filling vacancies relating to conciliators appointed by him, the Chairman shall: (a) fill a vacancy caused by the resignation, without the consent of the Commission, of a conciliator appointed by a party; or (b) at the request of either party, fill any other vacancy, if no new appointment is made and accepted within 45 days of the notification of the vacancy by the Secretary-General. (3) In filling a vacancy the party or the Chairman, as the case may be, shall observe the provisions of these Rules with respect to the appointment of conciliators. Article 13(2) of these Rules shall apply mutatis mutandis
MUTATIS MUTANDIS. The necessary changes. This is a phrase of frequent practical occurrence, meaning that matters or things are generally the same, but to be altered, when necessary, as to names, offices, and the like. thelongrunner