9cardomaha
Regular
ICSID doesnt have power to issue subpoenas at the request of the parties, even though under article 43, they should be all fair game because they are 'party to the proceedings, ie part of the DRC government'.9Card, in these types of proceedings can witnesses for cross examination include Ministers of the relevant country? It is possible that MoM and MoP are called upon to be cross examined in such a proceeding? Your postings on the behind the scenes legal machinations are much appreciated![]()
There have been instances, (non-drc examples), where the claimants have received a subpoena in their home country, and ICSID then enforces that, to have the witness attend. But local DRC courts... HMMMMMM.
ICSID can only enforce the production of documents or other evidence as requested between AVZ and DRC. So we could ask them for email correspondence or WeChat logs. But can't ask for X minister and Y minister to appear (we could invite them but that probably won't happen, and Fasken won't open that can of worms).