brought under the dominican republic - central america - ita

to arbitrarily change or add new requirements to the established legal process for
obtaining such permits.‖ 66
2.82. From these early pleadings, the Tribunal concludes that the Claimant was here alleging
a known opposition to its interests by the Salvadoran Government by 2005; and
it had already objected to the conduct of the Salvadoran authorities as to the nongranting
of new mining permits by 2007, before its change of nationality one year
later. If the matter rested there, the Tribunal would be minded to accept the submissions
of the Respondent; but for the Claimant‟s subsequent clarification of its
pleaded case.
2.83. The Tribunal has taken particular note of the Claimant‟s belief that it received indications
from the Salvadoran authorities, to the effect that the different permits and
authorisations could yet be granted to its Enterprises. According to the Claimant,
even if there were theoretical legal circumstances under which a government agency‟s
failure to meet a statutory deadline could give rise to a dispute between an investor
and the Respondent, the conduct in this particular case of MARN, the Bureau
of Mines and other government officials led the Claimant reasonably to understand
that even though deadlines had been missed by these authorities, PRES´s applications
for a permit and a concession remained under consideration by the Salvadoran
authorities. 67 Therefore, so the Claimant contends, having induced it to understand
that despite the missed deadlines in 2004 or 2007 there was no dispute between the
Parties, the Respondent is now effectively precluded, as a matter of law, from here
arguing that the missed deadlines triggered the present dispute between the Claimant
and the Respondent before December 2007. 68
2.84. The Tribunal accepts the Claimant‟s submissions. It also notes that, even after
March 2008, there were discussions between the Claimant and the Salvadoran authorities.
In the Notice of Intent, it was specifically pleaded that: “(i)n 2008, President
Elias Antonio Saca was reported as having publicly stated that he opposed the
granting of any outstanding mining permits. In light of President Saca‟s comments
and the Government‟s actions and inactions, the Enterprises engaged in several
66
67
68
Notice of Intent, § 18.
Jurisdiction Counter-Memorial, §§ 93-127.
Jurisdiction Rejoinder, §§ 268-276; Hearing Day 1.223-225.
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