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Contribution to economic development not a legality requirement
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Background: investment in hotel is lost as business partner fails to comply with share purchase agreement
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ICSID Convention requires investments to entail capital contribution, risk, and duration
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BIT covers non-contractual, intangible rights to performance
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Mabco had a claim to the shares, in view of the totality of the circumstances
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No bar against government members launching claims against their own state
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Majority finds that involvement of claimant’s principal does not negate jurisdiction ratione personae
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Claimant respected negotiation requirement
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Claims are prima facie established
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Tribunal lack jurisdiction ratione temporis over expropriation and FET claims under the BIT, but they can be raised un 2005 FIL
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No fork-in-the-road clauses in the applicable instruments
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Jurisdiction upheld over FILs, one of which extended to attempted investments
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Claim of entitlement to ownership qualifies as an investment if it is “at the very least arguable”
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Kosovo is estopped from contesting the investment’s legality
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Kazakhstan puts forward legal opinions by George Bermann and Christoph Schreuer, on ordre public and clean hands doctrine
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Costs partly go the claimant’s way
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Applicable rate in accordance with Polish law
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Tribunal can rule on request for pre-award interest
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Pre-award interest necessary for full compensation, after discounting
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Parties’ experts agree on damages
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Claimant’s sale of its shares was not voluntary, and KNF failed to warn of legal effect of its Decision
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Dispute stems from conflict with Polish banking regulator
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Compensation left in joint hands of parties’ experts, under tribunal’s instructions
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Alleged witness intimidation punctuates the proceedings
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