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Separate and Dissenting Opinion

In Hochtief AG v. The Argentine Republic (ICSID Case No. ARB/07/31)

24 October 2011

Opening of the document

In the Proceeding between Hochtief AG (Claimant) The Argentine Republic (Respondent) ICSID Case No. ARB/07/31 Separate and Dissenting Opinion of J. Christopher Thomas, Q.C. After exchanging views with my distinguished colleagues in the manner described at paragraph 124 of the Decision on Jurisdiction, I have found that I do not agree with their interpretation of the Treaty. There are many points made in the Decision with which I agree, and other points with which I would have agreed had I concurred with their interpretation, but in the end I have a different view. I do however subscribe to the Decision‟s dispositions of the Second Objection, the rejection of the declaration sought in …