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Allegations of breaches of good faith principle are dismissed
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No denial of justice in refusing to honour dubious ICC Award, but breach of FET standard overlaps with denial of justice
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Tunisia breached the investor’s legitimate expectations, and admitted having instrumentalised Tunisian courts
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No temporary expropriation, given supervening settlement, but later agreement obtained under duress resulted in dispossession
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International public policy prevents upholding contract obtained under duress
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Settlement agreement was obtained under duress
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Conduct of state’s banking arm should be attributed to Tunisia, given evidence of instructions emanating from state authorities
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Claims are admissible, as prescription would require explicit time-bar in applicable law
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Customary international law is applicable alongside domestic law
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Key role of claimant’s principal in negotiations has been known to state since beginning and offers no reason to lift corporate veil
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New fact merely repeats circumstance previously found to be irrelevant to tribunal’s jurisdiction
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Decision on Jurisdiction can be reconsidered, but only in exceptional circumstances
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Tribunal can organise proceedings as it sees fit; new preliminary objection can be reviewed after jurisdiction was upheld, but only in exceptional circumstances
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Multiple requests for provisional measures punctuate the proceedings, with tribunal declining jurisdiction over several of them
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No urgency to grant security for costs in the circumstances
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State’s civil servant can represent the state and appoint arbitrator
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Background: Investment in privatised bank gives rise to 40+ year dispute
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Ulysseas’ ownership structure showed that it was controlled by a US national
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Denial of benefits provision can be invoked retrospectively
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Test for control includes identification of the nationality of the ultimate controller of the claimant, as well as lack of substantial business activities in the US
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Contractual dispute resolution clauses did not amount to a waiver of BIT claim here, since Ecuador was not a party to the contracts
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No need to decide whether contractual dispute resolution clause can never waive subsequent treaty claim
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Background: Regulatory changes affecting power barge investment lead to investment claim
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Turning to local courts for 18 months is deemed a non-dispensable prerequisite
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