Tribunal awarded costs to prevailing party in each phase; Bangladesh was ordered to reimburse claimants’ costs associated with state’s obstructive behavior

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On merits, tribunal rejected claimants’ interpretation of tariff provisions as only applicable to non-Petrobangla third party sales, referring to plain language of contracts and claimants’ subsequent conduct

Petrobangla’s actions were attributable to Bangladesh pursuant to domestic law

Remaining allegations of res judicata and failure to comply with notice procedures were dismissed

ICSID arbitration clause in the Petrobangla’s contracts was deemed an expression of the state’s consent; the company was considered a de jure organ of Bangladesh

Bangladesh’s consent to ICSID arbitration covered the entire tariff dispute arising directly out of claimants’ investment, which formed a “unified contractual scheme”

Dispute arose directly out of claimants’ investment, rather than from purely commercial contracts

Applying Salini test, arbitrators found that claimants had made a protected investment

Tribunal found that ICSID Convention applied to UK’s overseas territory

Bangladesh seeks anti-arbitration injunction, and tribunal directs respondent to refrain from obstructing the arbitration proceedings

Background: Parties disagreed on whether contractual carrying charge for use of Petrobangla pipelines applied when Petrobangla was also buyer of natural gas

Majority fixed the total compensation due at 95,000 USD

The totality of the DRC’s measures constituted an expropriation, <em>ad hoc</em> judge Mahiou found

Ad hoc judge Mahiou found breaches of Mr. Diallo’s rights to manage and operate his companies, as well as of his rights relating to the management

Judges Al-Khasawneh and Yusuf warned that judgement might set a dangerous precedent

Judge Bennouna criticized the majority’s approach to Mr. Diallo’s rights as a shareholder as overly formalistic

Court majority sees no expropriation of Mr. Diallo’s <em>parts sociales</em> in his companies

Majority of judges found no violation of Mr. Diallo’s rights in the context of the management of Africom-Zaire and Africontainers-Zaire

Court majority found that Mr. Diallo could have participated in his companies’ general meetings through a proxy

ICJ unanimously found human rights violations and, by majority, a breach of Vienna Convention on Consular Relations

Guinea filed second claim after judgment on preliminary objections – too late, according to a court majority

Ad hoc judge Mampuya disagreed with majority’s finding on local remedies rule

Ad hoc judge Mampuya questioned the existence of an inter-state dispute

Ad hoc judge Mahiou dissented on diplomatic protection by substitution, focusing on the Draft Articles on Diplomatic Protection

Majority denies Guinea’s standing to bring claim of diplomatic protection “by substitution” for Mr. Diallo’s RDC-based companies

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