Because DRC have asked for an extension to reply to the ruling. Once both sides have responded, ICSID will then issue its final orders, probably end of February at this rate. At that point, they must comply.
Final orders? And for what reason exist this part then? „The order took effect immediately on January 16th“
If they don’t take effect immediately, that sounds illogical.
Im curious. - do you know for a fact, that DRC have applied for an extension for their response comments, or is this speculation?
Of course they would have, it’s the DRC.
Then they’ll request an extension of the extension
The point of my post yesterday was to highlight the denial of responsibility by the DRC government. They see us as the bad guys that according to the MoM's decree a year ago are 'holding the project hostage' and they will self rationalise complete nonsense to absolve themselves of their wrong doing. Cominiere's immediate reaction to the interim orders on Twitter was to question the applicability of the decision. If anything the DRC government are asking for annulment or revision of the interim orders on interpretation grounds. But all this talk of FiNaL oRdErS is absolute copium based on both the ICSID rules and AVZ's official announcement being wrong.
Except as the parties otherwise agree, the Tribunal may recommend any provisional measures necessary to preserve the parties’ rights (Article 47 of the ICSID Convention, Arbitration Rule 47). For example, a party may request provisional measures to:
icsid.worldbank.org
Provisional Measures - ICSID Convention Arbitration (2022 Rules)
Except as the parties otherwise agree, the Tribunal may recommend any provisional measures necessary to preserve the parties’ rights (Article 47 of the ICSID Convention, Arbitration Rule 47).
For example, a party may request provisional measures to:
• prevent action that is likely to cause current or imminent harm to that party or prejudice to the arbitral process (e.g., preventing prejudicial interference by one party)
• maintain or restore the status quo (e.g., staying parallel domestic or arbitral proceedings, or staying the execution of administrative decisions)
• preserve evidence that is relevant to the resolution of the dispute.
Provisional measures may be sought at any time during the proceeding. The party requesting provisional measures must specify the rights to be preserved, the measures requested, and the circumstances that require such measures (Arbitration Rule 47(2)(a)). The Tribunal determines the briefing schedule in consultation with the parties, unless the request is made before the constitution of the Tribunal, in which case the Secretary-General of ICSID fixes the time limits for written submissions (Arbitration Rule 47(2)(c)).
The Tribunal may hold a hearing but is not required to, and it must issue its decision within 30 days after its constitution (if all submissions have been previously filed) or after the last submission on the request (if that submission is filed after Tribunal constitution).
The Tribunal must consider all relevant circumstances when deciding whether to recommend a provisional measures. In particular, the Tribunal must consider whether the measures are necessary and urgent, and the effect that they may have on each party (Arbitration Rule 47(3)).
Parties must disclose any material change in the circumstances upon which the provisional measures were recommended (Arbitration Rule 47(5)).
The Tribunal may recommend, modify or revoke provisional measures on its own initiative or at the request of a party after giving each party an opportunity to present its observations (Arbitration Rule 47(6)).
A party can request provisional measures from a judicial or other authority provided that it is authorized to do so under the instrument of consent.
Requests for Security for Costs are addressed pursuant to Arbitration Rule 53.
icsid.worldbank.org
Rule 47: Provisional Measures
(1) A party may at any time request that the Tribunal recommend provisional measures to preserve that party’s rights, including measures to:
(a) prevent action that is likely to cause current or imminent harm to that party or prejudice to the arbitral process;
(b) maintain or restore the
status quo pending determination of the dispute; or
(c) preserve evidence that may be relevant to the resolution of the dispute.
(2) The following procedure shall apply:
(a) the request shall specify the rights to be preserved, the measures requested, and the circumstances that require such measures;
(b) the Tribunal shall fix time limits for submissions on the request;
(c) if a party requests provisional measures before the constitution of the Tribunal, the Secretary-General shall fix time limits for written submissions on the request so that the Tribunal may consider the request promptly upon its constitution; and
(d) the Tribunal shall issue its decision on the request within 30 days after the later of the constitution of the Tribunal or the last submission on the request.
(3) In deciding whether to recommend provisional measures, the Tribunal shall consider all relevant circumstances, including:
(a) whether the measures are urgent and necessary; and
(b) the effect that the measures may have on each party.
(4) The Tribunal may recommend provisional measures on its own initiative. The Tribunal may also recommend provisional measures different from those requested by a party.
(5) A party shall promptly disclose any material change in the circumstances upon which the Tribunal recommended provisional measures.
(6) The Tribunal may at any time modify or revoke the provisional measures, on its own initiative or upon a party’s request.
(7) A party may request any judicial or other authority to order provisional measures if such recourse is permitted by the instrument recording the parties’ consent to arbitration.
