brought under the dominican republic - central america - ita

G: The Parties’ Claims for Relief as regards Jurisdiction
1.39. The Respondent: In its Jurisdiction Memorial (paragraph 476), the Respondent requests
the Tribunal to:
(i) Issue an award dismissing all claims in this arbitration for lack of jurisdiction
resulting from the Claimant‟s abuse of process;
(ii) Award the Respondent all arbitration costs and legal fees incurred in this arbitration,
plus interest.
1.40. In its Reply Costs Submissions, the Respondent rejected the Claimant‟s request for
an order for costs.
1.41. The Claimant: In its Post-Hearing Submissions (paragraph 113), Costs Submission
(paragraph 35) and Reply Costs Submission (paragraph 3), the Claimant requests
this Tribunal:
(i) to deny all of the jurisdictional objections raised by the Respondent with
prejudice;
(ii) to enter a procedural order for concluding the remainder of this case in a single,
expeditious phase;
(iii) to issue an order allocating to Respondent all the costs of these proceedings to
date; and
(iv) to decline the Respondent‟s request for an award of costs.
1.42. The Tribunal’s Request to the Parties: By letter dated 13 September 2011 (communicated
to the Parties by the Tribunal‟s Secretary), the Tribunal requested the Parties‟
assistance in clarifying the jurisdictional objections addressed by the Parties in
these arbitration proceedings, as follows:
―... During its current deliberations (which are not complete), the Tribunal has
noted that the unnumbered first sub-paragraph of Paragraph 476 in the ―Prayers
for Relief‖ of Part IX (page 152 ) of the Respondent‘s Memorial on its Objections to
Jurisdiction dated 15 October 2010 may not be wholly consistent with the full list of
jurisdictional objections pleaded both earlier in that same document (for example,
see Paragraph 457, at pages 145-146) and the Respondent‘s subsequent written and
oral submissions to the Tribunal, as also addressed by the Claimant.
Part 1 – Page 10