Carlos Danger
Top 20
Wouldn't AVZ have had to agree to the suspension though? I can't see Nigel taking the Nuclear option down ICSID and DRC going "Ok ok we are ready to talk" and Nigel just saying "Oh ok".
Surely, to suspend proceedings (that were going in our favour) he would have had agreed to suspend under certain minimum conditions?
This requires an official announcement from AVZ to explain the exact reason for and duration of the suspension. Right after Nigel works out how much cash bonus he receives for doing his fucking job obvs100% avz would have had to agree to suspension - arbitration courts don't work to serve the entity who is being shown to be corrupt - unless they have proven an arbitrator is biased it would have had to been accepted by avz
Chapter VIII: Suspension, Settlement and Discontinuance | ICSID
icsid.worldbank.org
Rule 54: Suspension of the Proceeding
(1) The Tribunal shall suspend the proceeding by agreement of the parties.
(2) The Tribunal may suspend the proceeding upon the request of either party or on its own initiative, except as otherwise provided in the ICSID Administrative and Financial Regulations or these Rules.
(3) The Tribunal shall give the parties the opportunity to make observations before ordering a suspension pursuant to paragraph (2).
(4) In its order suspending the proceeding, the Tribunal shall specify:
(a) the period of the suspension;
(b) any relevant terms; and
(c) a modified procedural calendar to take effect on resumption of the proceeding, if necessary.
(5) The Tribunal shall extend the period of a suspension prior to its expiry by agreement of the parties.
(6) The Tribunal may extend the period of a suspension prior to its expiry, on its own initiative or upon a party’s request, after giving the parties an opportunity to make observations.
(7) The Secretary-General shall suspend the proceeding pursuant to paragraph (1) or extend the suspension pursuant to paragraph (5) if the Tribunal has not yet been constituted or if there is a vacancy on the Tribunal. The parties shall inform the Secretary-General of the period of the suspension and any terms agreed to by the parties.