Poked at it a bit, again...
Here's the current status, its number 238 on the list:
icsid.worldbank.org
The rules mentioned in item 238 mean only that they've heard the arguments... and that part of the case is done now. Next they'll mull it over until they decide, and them come out with an announcement of a ruling. A decision that is favorable for Cortec will have them annul some or all of the prior award... but, if Kenya wants to persist in their prior objections they can, and then the impact of that "favorable" outcome will be to return it to where it was before the original dispute was taken up, so, basically, could mean starting the same dispute resolution process all over again as if the last round had never happened...
As per Rule 55:
icsidfiles.worldbank.org
Resubmission of Dispute after an Annulment
(1) If a Committee annuls part or all of an award, either party may request the resubmission of the dispute to a new Tribunal. Such a request shall be addressed in writing to the Secretary-General and shall:
(a) identify the award to which it relates;
(b) indicate the date of the request;
(c) explain in detail what aspect of the dispute is to be submitted to the Tribunal; and
(d) be accompanied by a fee for lodging the request.
(2) Upon receipt of the request and of the lodging fee, the Secretary-General shall forthwith:
(a) register it in the Arbitration Register;
(b) notify both parties of the registration;
(c) transmit to the other party a copy of the request and of any accompanying documentation; and
(d) invite the parties to proceed, as soon as possible, to constitute a new Tribunal, including the same number of arbitrators, and appointed by the same method, as the original one.
(3) If the original award had only been annulled in part, the new Tribunal shall not reconsider any portion of the award not so annulled. It may, however, in accordance with the procedures set forth in Rule 54, stay or continue to stay the enforcement of the unannulled portion of the award until the date its own award is rendered.
(4) Except as otherwise provided in paragraphs (1)–(3), these Rules shall apply to a proceeding on a resubmitted dispute in the same manner as if such dispute had been submitted pursuant to the Institution Rules. |
