"1.- Rectify paragraph 748(d)[sic] of the Antin Award (Decision), which now reads "...[T]he Respondent shall pay, EUR 112 million as compensation". It must be rectified and instead read: "...[T]he Respondent shall pay, EUR 84 million as compensation".
2. - Rectify accordingly paragraphs 640 and 725.
3. - Rectify the allocation of costs, reflecting the fact that the Claimants asked for EUR 246 million (first Brattle quantum report, paragraph 23) and, when rectifying the clerical error, it has been Awarded only EUR 84 million plus interest (approx. 25% of the primary claim -and not aprox. 50%-).
4. - Consider the delay caused by Claimants’ futile Response which is contrary to good faith when rectifying the costs in the Award and when allocating the costs of this Rectification.
5. - Implement all the aforementioned as soon as possible, in order to avoid further indirect damages in other parallel proceedings caused by the flawed Antin Award."
1. Reject Spain’s Rectification Request and the Petitum in Spain’s Reply, save for the correction of the clerical error totaling EUR 11 million in the compensation awarded;
2. Award such other relief as the Tribunal considers appropriate; and
3. Order Spain to pay all of the costs and expenses of the proceedings arising from Spain’s Rectification Request, including Claimants’ legal fees, the fees and expenses of the Tribunal, and ICSID’s other costs.
The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered... shall rectify any clerical, arithmetical or similar error in the award.14
(a) To rectify Paragraph 725 of the Award which shall read:
"725. The value of the future cash flows of Claimants is EUR 137 million to which the Tribunal must deduct the amount of EUR 36 million corresponding to the difference between the estimate of 35 to 40-year service of the plants, which the Tribunal considered unsupported, and the 25-year lifetime that the Tribunal considered acceptable.991 This results in a balance of EUR 101 million that the Tribunal finds to be a fair measure of the Claimants’ damages. Therefore, the Claimants are entitled to an award of compensation in the amount of EUR 101 million.
(b) To rectify paragraph 748(c) of the Award, which shall read:
"(c) On account of the Respondent’s breach of the ECT, the Claimants are awarded, and the Respondent shall pay, EUR 101 million as compensation".
(c) To reject all other requests for rectification.
(d) To reject the adjustments on costs in the Award requested by the Respondent.
(e) Each Party shall bear its own legal representation costs and expenses related to this rectification proceeding. Each Party shall bear 50% of the costs of the rectification proceeding (i.e. the fees and expenses of the Tribunal, ICSID’s administrative fees and direct expenses) as determined by ICSID’s final financial statement.
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