Supplementary decisions in ICSID arbitration | Practical Law
In LG&E v Argentina (ICSID Case No. ARB/02/1), the tribunal considered an application for a supplementary award, made pursuant to article 49 of the ICSID Convention and rule 49 of the ICSID Arbitration Rules. (For further discussion of supplementary decisions, see Practice note, ICSID arbitration: a step-by-step guide.) The tribunal had made a procedural order imposing a "cut off" date for the calculation of damages, without prejudice to the right of the claimant to advance further claims in separate proceedings in respect of any breach after that date. The claimant had contested this order, and had submitted evidence in support of losses said to have been suffered after the cut-off, but the tribunal refused to consider this evidence, holding that it was contrary to their procedural order and that the respondent had no opportunity to comment upon it.