Procedural Background and Request for Rectification

This decision addresses a request filed by the Respondent, the Kingdom of Spain, for the rectification of the Arbitral Tribunal's Award of 13 November 2000. The request was made pursuant to Article 49(2) of the ICSID Convention and Arbitration Rule 49.

Spain sought to correct what it characterized as a "transcription error" in paragraph 45 of the Award, where the Tribunal had used the word "official" in summarizing Spain's arguments regarding employees of the entity SODIGA. Spain contended that this term contradicted its consistent legal position throughout the proceedings, which maintained that the individuals in question were "employees" governed by private labor law, not public officials. The Claimant, Mr. Maffezini, did not file any observations or objections to the Respondent's request.

Tribunal's Analysis and Decision

The Tribunal determined that the request for rectification was timely filed within the 45-day period prescribed by the ICSID Convention. It found that the requested amendment—substituting "employee" for "official"—appropriately summarized the arguments that had been set forth by the Respondent in its written and oral pleadings.

Given the Claimant's non-objection and the Tribunal's finding that the request sought to correct a material error in the description of the Respondent's own arguments, the Tribunal unanimously decided to grant the request. The decision formally substitutes the word "employee" for "official" in the specified paragraph of the Award and constitutes an integral part thereof. The Tribunal further ordered that each party shall bear its own costs and legal fees resulting from the rectification proceeding.