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Anexo Documental II

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Anexo Documental II
JURISDIÇÃO DE TRIBUNAIS
ARBITRAIS INTERNACIONAIS:
SUA COMPÉTENCE DE LA
COMPÉTENCE
(Voto Dissidente do Árbitro, Juiz A.A. Cançado Trindade,
no caso Azurix Corporation versus República Argentina
(caso ICSID n. ARB/03/30), Washington D.C.,
Procedural Order de 31.05.2008).
1. e present case Azurix Corporation versus e Argentine Republic (ICSID
Case n. ARB/03/30) was registered, as such, on 08 December 2003. e Ar-
bitral Tribunal in the cas d’espèce was constituted on 28 March 2008, the date
of its notication to the parties. On 24 April 2008 the Arbitral Tribunal held
its rst “telephone conference”, at the end of which it unanimously decided to
hold its rst session in person on 01 June 2008, at the seat of ICSID in Wash-
ington D.C.. In a communication to the Arbitrators, of 30 April 2008, the IC-
SID Secretariat conrmed that it had already made the travel and logistical
arrangements to that eect.
- I -
2. In the written communications among the Arbitrators, up to one of 25 May
2008, it was made clear that the decision taken on 24 April 2008 by the Tri-
bunal had not been reverted, as the Arbitral Tribunal had not yet heard from
one of the parties, and as I strongly insisted, in three written messages I had
sent to the ICSID Secretariat before that date (21, 22 and 23 May 2008), that
the decision the Arbitral Tribunal had taken to hold the rst session in person
on the agreed date be honoured. On 28 May 2008, I received from the ICSID
Secretariat a consultation, on behalf of the President of the Tribunal, as to a
change in the Tribunal’s de cision, of over one month ago, to the eect of having
its rst session no longer in person, but by means of a “telephone conference”.
3. I promptly replied in written, on the same day, to the ICSID Secretariat, that
I strongly opposed this last-minute change, for the reasons stated in my mes-
Book-3a.ED-TRIBUNAIS INTERNACIONAIS.indb 457 01/12/18 14:44

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