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Allegations of non-disclosure to co-arbitrators are not proven
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Co-arbitrators see important factual overlap between this case and earlier UNCITRAL case where Mr. Boesch had been nominated by Kazakhstan
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Despite Mr. Boesch’s intention to ignore facts from earlier case, co-arbitrators say that a reasonable third-party would doubt an arbitrator’s ability to bifurcate their mind in such a fashion
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For sake of completeness, co-arbitrators also look at whether there was imbalance on tribunal – and find one
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Challenge centered on Boesch’s involvement as arbitrator in earlier Ruby Roz case, but also touched on other appointments of him by Curtis Mallet
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Regarding multiple appointments by same law firm, the co-arbitrators don’t see a need to weigh in on the scope of Mr. Boesch’s disclosure
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In one respect, earlier Curtis-Mallet appointments – specifically in the Ruby Roz case – posed a problem for Mr. Boesch, but there was no concern as to undue influence arising out of multiple appointments
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Kazakhstan says law was repealed in full, and arbitration-offer was not preserved
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Arbitrators smile upon Kazakhstan’s objections with respect to 1994 law
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Arbitrators disagree with approach taken by tribunal in earlier ICSID case
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Claimant says 1994 law contained Kazakh offer to arbitrate with foreigners, and this still applies to Ruby Roz despite 2003 repeal of law
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Even if stabilization provision of repealed statute was applicable, its 10 year freezing period elapsed before arbitration was sought
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Eleventh hour criminal proceedings lead key witnesses of claimant to decline to appear at hearing
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Tribunal chastizes government, and refuses to discard witness statements – but would need to give them less weight
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