Costs are split

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Tribunal agrees to clarify and correct its previous decision on liability on various points

Remediation costs would have been incurred in any event, meaning that they can’t be recovered as damages

While Colombia may be seen to be benefitting from its own breach, onus was on claimant to provide tribunal with sufficient elements to rule on quantum

Evidence is missing regarding claimant’s loss of opportunity, such that no damages can be awarded

Compensation cannot be sought for losses suffered because of conduct by respondent found to be lawful by tribunal majority

While parties and tribunal supported expedited procedure on quantum, Award was three years in the making

Background: Tribunal fractures on what conduct breached FTA, and seeks more input on quantum in context where exact losses are unclear

Respondent is ordered to bear all costs

Bariven is directed to pay outstanding invoices, plus interest

Tribunal sees no reasonable suspicion of corruption related to the dispute

Tribunal examines possible acts of corruption on its own motion, applying preponderance of the evidence standard

Respondent breached its contractual obligations

Tribunal had jurisdiction under the T&C

Respondent does not participate in the arbitration; no hearing is held

Background: Claimant initiates ICC arbitration after respondent fails to fulfil contractual payment obligations for delivered goods

Equity and fairness mandate that claimant be ordered to pay respondent’s legal costs and entire arbitration costs, plus interest

While ICSID framework does not expressly address the matter, the tribunal has discretion to allocate costs if mandated by equity and fairness

Even if tribunal had jurisdiction to dismiss the case with prejudice, the balance of hardships would have favored the claimant

Tribunal does not have jurisdiction to dismiss the case with prejudice without having fully heard the merits

Case is discontinued pursuant to Rule 44, since claimant failed to object to Peru’s request

Tribunal initially finds that last-minute withdrawal of counsel is a special circumstance and postpones deadline for claimant’s filing, but warns that no additional extensions will be granted

Withdrawal of claimant’s counsel one day before Reply is due leads to Peru’s request for discontinuance

Provisional measures aimed at halting the German Proceedings are proportionate, especially since Spain declined to provide assurances that it would not subsequently seek injunctive relief

Provisional measures are urgent and necessary since there is a risk that the arbitration tribunal and the German courts will issue conflicting decisions regarding the validity of the arbitration agreement

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