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ICS v. Argentina (II), Correction of the Final Award, July 12, 2024

12 Jul 2024
ICS Inspection and Control Services Limited v. Argentine Republic (II), PCA Case No. 2015-12
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Correction of the Final Award
Document Details:
LISTED PARTICIPANTS
Correction of the Final Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Jernej Sekolec
Arbitrator(s)
Pierre-Yves Tschanz, Domingo Bello Janeiro
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Martin Doe Rodríguez
Tribunal assistant
Third-party funder
Entities
ICS Inspection and Control Services Limited, Argentina
Country
Print reporter
Document Summary
Correction of the Final Award
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document constitutes the Tribunal’s decision on a Request for Correction of the Final Award, submitted by the Respondent on May 29, 2024, pursuant to Article 38 of the 2010 UNCITRAL Arbitration Rules. The Respondent sought to rectify a computational oversight in the Final Award dated April 29, 2024, specifically concerning the calculation of compensation for Special Services. On June 7, 2024, the Claimant submitted its response, expressly agreeing to the mathematical corrections proposed by the Respondent, notwithstanding certain objections to the characterization of the request.

Tribunal's Analysis and Decision

The principal issue before the Tribunal was whether the Final Award contained an error in computation or omission of a similar nature warranting correction under Article 38. The Respondent demonstrated that while the Tribunal had applied a discount for defective proof to the principal amounts owed for Special Services, it had inadvertently failed to apply the corresponding discount to the Value Added Tax (VAT) amounts reflected on the relevant invoices.

In light of the Parties' mutual agreement regarding the revised calculations, the Tribunal found the request justified. Consequently, the Tribunal ordered the correction of multiple quantum tables across fifteen specific paragraphs of the Final Award. The operative effect of this correction reduced the total compensation awarded to the Claimant for Special Services from USD 1,702,834.91 to USD 1,656,827.20, thereby decreasing the aggregate principal amount of the Award from USD 9,707,398.51 to USD 9,661,390.80. All other requests were dismissed, and a corrected version of the Final Award was annexed to the decision.