When claimants file a memorial on the merits in the International Centre for Settlement of Investment Disputes (ICSID), it initiates a key phase in the arbitration process. Here's what typically happens:
1. **Submission of the Memorial**: The claimants, usually represented by legal counsel, submit a memorial on the merits. This memorial lays out their arguments supporting their claims, including legal reasoning, relevant facts, and evidence.
2. **Response by the Respondent**: After receiving the claimants' memorial, the respondent (usually the host state) has an opportunity to respond. They submit a counter-memorial, which presents their defense against the claims made by the claimants. This response addresses the legal arguments and evidence put forward by the claimants.
3. **Document Exchange**: Both parties exchange these written submissions (memorial and counter-memorial) with each other and with the tribunal. This allows all parties involved to thoroughly review and understand each other's positions.
4. **Expert Evidence and Witness Statements**: Alongside the written submissions, parties may also submit expert reports and witness statements to support their arguments. These documents can provide additional context, analysis, and evidence related to the dispute.
5. **Hearings**: After the exchange of written submissions, the tribunal may schedule hearings to further explore the issues in the case. During these hearings, both parties have the opportunity to present their arguments orally, respond to questions from the tribunal, and cross-examine witnesses.
6. **Deliberation and Decision**: Following the hearings, the tribunal deliberates on the case based on the written submissions, evidence presented, and oral arguments heard during the hearings. The tribunal then issues a final decision, known as an award, which typically includes their findings on liability, any damages awarded, and any other remedies or orders deemed appropriate.
