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C. Consideration of Dr. Ranapuer’s Expert Report did not impair the Tribunal’s
impartiality.
97. Claimant may allege that the Tribunal’s failure to exclude Dr. Ranapuer’s Expert
Report despite their request to reject it constituted a denial of equal treatment. If the
Tribunal had failed to consider Claimant’s request to exclude the Expert Report, an
examination into a serious procedural defect may be warranted. However, the Tribunal
deliberated on the Claimant’s request and concluded that the expert report should be
utilized despite Dr. Ranapuer’s unavailability at the hearing. In doing so, the Tribunal
stated legitimate reasons: Dr. Ranapuer is one of only three scientists in the world who
have a detailed knowledge of Sireno Kanto and that his Expert Report provided
information available from no other source. There is no evidence of unequal treatment of
the parties and the Tribunal gave sufficient reasons for its reliance on the Expert Report. It
is not the role of the Committee to evaluate the substance of the Tribunal’s decision as
52(1)(d) is intended to protect each party’s due process rights.
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