I. INTRODUCTION

1. El Salvador has presented four independent sets of objections to jurisdiction that should result in the dismissal of this entire arbitration: 1) abuse of process; 2) denial of benefits; 3) objections ratione temporis; and 4) objections to jurisdiction under the Investment Law of El Salvador. In its pleadings, El Salvador demonstrated the validity of all of its objections. The presentations and testimony at the oral proceedings revealed that Claimant's defenses as set forth in its Counter-Memorial and Rejoinder were based on false assertions of fact and misleading arguments. The totality of the evidence has thus demonstrated that there is no jurisdiction under the ICSID convention with respect to CAFTA or the Investment Law of El Salvador.

II. THE ENTIRE ARBITRATION MUST BE DISMISSED BECAUSE OF CLAIMANT'S ABUSE OF PROCESS

2. Pacific Rim Mining Corp., a Canadian corporation, through its wholly-owned shell subsidiary, Pac Rim Cayman, has abused the international arbitration process by changing Pac Rim Cayman's nationality from the Cayman Islands to the United States, and then using this nationality to initiate ICSID arbitration proceedings for a pre-existing dispute and assert claims under CAFTA and the Investment Law of El Salvador as a national of the United States. The consequence of this abuse can only be the dismissal of this entire arbitration.