[t]he Respondent specifies as precisely as possible that the bases for the objections are that the claims are manifestly without legal merit because the Centre manifestly lacks jurisdiction ratione temporis, ratione personae, ratione materiae and ratione voluntatis ; the Claimant manifestly does not have any claim on the merits; and the Claimant manifestly lacks any claim to damages.
... although it stands ready to pay its share of the advance on costs, with all respect, the Respondent will not pay its share of the advance on costs until it receives confirmation from ICSID that the Claimant has paid his share. Despite this, however, the Respondent would be willing to advance a reasonable amount of advance on costs as may be identified by the Tribunal (and depending on the amount identified by the Tribunal), solely to cover the first session and the Tribunal’s determination by written decision of the Respondent’s objections under ICSID Arbitration Rule 41(5).
award the Respondent all of its legal fees and expenses in responding to (i) the Claimant’s first request for arbitration dated 25 February 2015 and subsequent requests for treaty-based consultations...and (ii) the Claimant’s second request for arbitration dated 29 August 2019, including the filing of the Respondent’s objections under ICSID Arbitration Rule 41(5). and the Respondent’s Observations on its Objections under ICSID Arbitration Rule 41(5) dated 21 March 2019.
(2) All payments, including reimbursement of expenses, to the following shall in all cases be made by the Centre and not by or through either party to the proceeding:
(a) members of Commissions, Tribunals and Committees;
(b) witnesses and experts summoned at the initiative of a Commission, Tribunal or Committee, and not of one of the parties;
(c) members of the Secretariat of the Centre, including persons (such as interpreters, translators, reporters or secretaries) especially engaged by the Centre for a particular proceeding;
(d) the host of any proceeding held away from the seat of the Centre pursuant to Article 63 of the Convention.
(3) In order to enable the Centre to make the payments provided for in paragraph (2), as well as to incur other direct expenses in connection with a proceeding (other than expenses covered by Regulation 15):
(a) the parties shall make advance payments to the Centre as follows:
(i) initially as soon as a Commission or Tribunal has been constituted, the Secretary-General shall, after consultation with the President of the body in question and, as far as possible, the parties, estimate the expenses that will be incurred by the Centre during the next three to six months and request the parties to make an advance payment of this amount;
(b) the Centre shall not be required to provide any service in connection with a proceeding or to pay the fees, allowances or expenses of the members of any Commission, Tribunal or Committee, unless sufficient advance payments shall previously have been made.
[i]f any proceeding is stayed for non-payment for a consecutive period in excess of six months, the Secretary-General may, after notice to and as far as possible in consultation with the Parties, move that the competent body discontinue the proceeding [...] (emphasis added).
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