brought under the dominican republic - central america - ita

6.80. In these circumstances, the Tribunal considers that, in the exercise of its discretion
under ICSID Arbitration Rule 28(1), the eventual result of these Non-CAFTA
Claims on the merits may provide a highly relevant factor to any decision as to the
final allocation of legal and arbitration costs between the Parties. Indeed, the Parties‟
respective cases on costs, as summarised above, closely mirror their different
submissions as to those eventual merits. Accordingly, as a matter of discretion, the
Tribunal declines to make an order at this stage as regards the allocation of any legal
or arbitration costs incurred during this second phase of these arbitration proceedings.
6.81. The Tribunal also notes that its powers as to costs under the ICSID Arbitration Rules
are limited to an order in an award; and that this Decision is not an “award” within
the meaning of the ICSID Convention and the ICSID Arbitration Rules.
6.82. It remains nevertheless appropriate for the Tribunal to state at this stage certain conclusions
regarding the Parties‟ respective arguments on costs. First, the Tribunal
does not criticise the conduct of the Respondent or its Counsel (including Mr
Parada) for submitting to the Tribunal factual evidence of certain events in November
and December 2007 apparently disputed by the Claimant and then potentially
relevant to the issues of jurisdiction. It would be possible here to say much more;
but, given that this arbitration will continue further, the Tribunal considers it best to
state this conclusion succinctly on what must now be regarded as a dead issue for the
future of these arbitration proceedings. As regards the Claimant, the Tribunal similarly
discounts the Respondent‟s criticism of its conduct during these arbitration
proceedings. Again, the less here said, the better in what was inevitably an uncomfortable
controversy.
6.83. Lastly, the Tribunal intends that its lengthy summary of the Parties‟ other arguments
on costs, as set out above, will provide a written record which it will be unnecessary
for the Parties to duplicate later in these arbitration proceedings. In the meantime,
until an award or the final stage of these proceedings, the Tribunal reserves in full all
its powers and jurisdiction in regards to legal and arbitration costs as regards both
Parties‟ existing and future claims.
Part 6 - Page 26