Procedural Background

This document is Procedural Order No. 1 issued by the ad hoc Committee in the annulment proceeding initiated by the Argentine Republic against the award rendered in favor of Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft. Following the constitution of the Committee and the First Session held via videoconference on August 3, 2022, this Order establishes the procedural framework governing the annulment phase pursuant to ICSID Arbitration Rules 19, 20, and 53.

Procedural Framework and Directions

The Order delineates the comprehensive procedural rules for the annulment proceeding, including the apportionment of costs, whereby the Applicant on Annulment is solely responsible for advance payments to ICSID without prejudice to the final cost allocation. The Committee designated Washington, D.C. as the place of proceedings and established English and Spanish as the procedural languages. Furthermore, the Order sets forth strict protocols for the submission of documents, emphasizing that the proceeding will rely primarily on the evidentiary record of the underlying arbitration, with a general prohibition on the introduction of new evidence absent special circumstances and prior Committee authorization.

Additionally, the Order incorporates mandatory disclosures regarding third-party funding, requiring both parties to declare any external financial support to ensure transparency and avoid conflicts of interest. The procedural calendar, appended as Annex B, schedules the written phase culminating in a hearing on annulment tentatively set for July 31 to August 3, 2023.