✔ IC/0106/02 SN Analysis List entries (phantom entries)
Completed by Paul M.
- Assigned to
-
Martin L.
- Notes
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Please see the Subject Navigator Analysis List. The entries highlighted in red should not be there. The issue is only on the Admin site. They do not appear on the Live Site.
(1)
O > Objections to jurisdiction and/or the merits based on expedited procedures > Under the ICSID Arbitration Rules > Findings in specific cases
Almasryia v. Kuwait Dissenting Opinion on the Respondent Application under Rule 41(5) of the ICSID Arbitration Rules holds the respondent has not satisfied the applicable standard of proof in respect of its objections under Rule 41(5) – i.e., that of manifest lack of legal merit
It is entered correctly on legacy. The correct UIN is IC/0484/02.
On app.islg SN it appears twice.
Once under the correct UIN, IC/0484/02.
And the other entry appears under the wrong UIN, IC/0106/02. However, if you click "Edit", the correct UIN is entered.
***
(2)
J > Jurisdiction (generally) > Jurisdiction ratione materiae > Jurisdiction ratione materiae in relation to claims under domestic law (such as for breach of contract) and under an investment treaty > Findings in specific cases
Pey Casado v. Chile II Award finds the Chile-Spain BIT does not permit an investor to assert claims based on domestic law and dismisses such claims for lack of jurisdiction
It is entered correctly on legacy. The correct UIN is UN/0143/26.
On app.islg SN it appears twice.
Once under the correct UIN, UN/0143/26.
And the other entry appears under the wrong UIN, IC/0106/02. However, if you click "Edit", the correct UIN is entered.
***
(3)
C > Costs > Treatment of costs under the ICSID Convention > Tribunal discussions
State General Reserve Fund v. Bulgaria Excerpts of Award assumes each party has presented its case in good faith, believing the facts alleged to be true in deciding upon the allocation of costs in circumstances where the claim is completely withdrawn before the hearing of the case, and the tribunal has not made any determination on the disputed issues
It is entered correctly on legacy. The correct UIN is IC/0421/01. However, if you click "Edit", the correct UIN is entered.
On app.islg SN it appears twice.
Once under the correct UIN, IC/0421/01.
And the other entry appears under the wrong UIN, IC/0106/02. However, if you click "Edit", the correct UIN is entered.
***
(4)
D > Discontinuance of a claim > Potential consequence of withdrawal
State General Reserve Fund v. Bulgaria Excerpts of Award issues an award dismissing all the claimant's claims with prejudice and resolving the only pending dispute between the parties - the issue of costs
It is entered correctly on legacy. The correct UIN is IC/0421/01.
On app.islg SN it appears twice.
Once under the correct UIN, IC/0421/01.
And the other entry appears under the wrong UIN, IC/0106/02. However, if you click "Edit", the correct UIN is entered.
Can you address this issue? Can you also help us understand why we see differences between Admin and Subscriber sides?
Thanks,
--Martin
This issue is no longer considered a "phantom" entry. The issue is no longer limited to app.islg Admin Site. I found a SN entry with this issue and this time the issue appears on the Live site.
See the following SN entry on app.islg live site:
D > Denial of benefits (or advantages) provisions > Tribunal discussions of denial of benefits provisions
On the Live Site, click "View in Context"
This entry should not be there:
HICEE B.V. v. Slovak Republic, PCA Case No. 2009-11, Dissenting Opinion of Judge Charles Brower, 23 May 2011 (The Dispute Document UIN is UN/0056/03)
This entry is correct:
GCM Mining Corp. (formerly Gran Colombia Gold Corp.) v. Republic of Colombia, ICSID Case No. ARB/18/23, Decision on the Bifurcated Jurisdictional Issue, 23 November 2020 (The Dispute Document UIN is IC/0499/13)
See the following SN entry on app.islg Admin site:
D > Denial of benefits (or advantages) provisions > Tribunal discussions of denial of benefits provisions
This entry is incorrect: UN/0056/03 - HICEE v. Slovak Republic Dissenting Opinion of Judge Charles N. Brower - 23 May 2011 - English
This entry is correct: IC/0499/13 - GCM Mining v. Colombia Decision on the Bifurcated Jurisdictional Issue - 23 November 2020
Click on Action->Edit, you will see both UINs listed. If I delete the entry for UN/0056/03 from this window, the issue will be fixed.
FYI, if you go to Dispute Document UN/0056/03 - HICEE v. Slovak Republic -> Analysis List for SN, you will see the Gran Colombia (IC/0499/13) entry listed:
The issue is, how do we go about doing an audit to find other incorrect entries such as this one?
I am hoping this issue will be resolved via Subject Navigator entries missing/incorrectly displaying - TOLOGIX - ISLG App Rebuild for Tologix, which is the first audit item on this sprint. When DevOps ID1250 is resolved, let's check this again.
Thanks,
Paul
We have removed above mentioned wrong entry from app.islg and we are working on to audit the SN branches to find out this kind of wrong entries.
Please check this once DevOps ID 1378 is resolved, thanks.
Paul