Dissenting Opinion to Procedural Order No. 14 of Arbitrator Stephen Anway
In Mozambique v. Patel Engineering Limited (ICC Case No. 25334/JPA)
Opening of the document
ICC ARBITRATION RULES IN FORCE AS FROM 1 MARCH 2017 REPUBLIC OF MOZAMBIQUE MOZAMBIQUE MINISTRY OF TRANSPORT AND COMMUNICATIONS (TOGETHER, “MOZAMBIQUE”) PATEL ENGINEERING LTD. (ICC Case No. 25334/JPA) DISSENTING OPINION OF ARBITRATOR STEPHEN ANWAY TABLE OF CONTENTS THE LEGAL BASIS OF THE MAJORITY’S ORDER, WHICH REJECTS THE REQUIREMENTS FOR AN ANTI-ARBITRATION INJUNCTION Mozambique has failed to establish that the lex arbitri empowers The Majority improperly decides on the Treaty Tribunal’s own Investment treaty jurisprudence has widely rejected the idea Mozambique also fails under the general requirements for AN ANTI-ARBITRATION INJUNCTION CREATES TANGIBLE I am deeply troubled by the …