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Grenada bears bulk of cost burden, but some of claimants’ legal fees fail proportionality test
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Tribunal sets out relevant factors for cost determination
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Compensation formula is a primary bargain and not a penalty
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Claimants are awarded pre-award interest as tribunal finds that “extreme or wilful malfeasance” defence was not made in good faith
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On quantum, the tribunal makes some adjustments to requested amounts
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Grenada’s counterclaim is dismissed
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Abrogation of monopoly is a “repurchase event” in the sense of the contract
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Repurchase compensation requirement is not contrary to Grenada’s constitution
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SPA is not “oppressive” to Grenada
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Grenada is not estopped from disputing validity of compensation method
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Regulatory changes prompt claimants to trigger repurchase option, resulting in arbitration
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Grenada’s expert report is disregarded as its quantum experts complained of being denied access to information
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Tribunal issued provisional measure recommending deferral of information request
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