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Interest rate determination was not ultra petita
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Damages award for period after 2006 concession termination is upheld
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Too late to question jurisdiction over certain debts at annulment stage
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Unpaid management fees are investments and can be included in damages model
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No errors found in tribunal’s analysis of MFN and local litigation requirement
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Committee won’t second-guess tribunal’s handling of ‘defence of necessity’ arguments
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Once again, Argentina’s protests over Gabrielle Kaufmann-Kohler’s bank directorship is a key plank in annulment application
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Argentina hoped to distinguish this case from another (the EDFI case) where an ad-hoc committee rejected annulment based on similar alleged conflicts
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Argentina urges committee to take inspiration instead from much-earlier Vivendi II case, where an ad-hoc committee criticized arbitrator’s handling of UBS situation
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Claimants argue that Vivendi II approach is not apposite here, and that EDFI approach should be followed because of closer similarities
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After having undertaken its own assessment, the committee adds that it is reassured by similar findings of other bodies
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Committee takes restrained approach, seeing no basis for a de novo review of the facts, and requiring that a disqualification ruling be plainly unreasonable before it could jeopardize the award
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On non-disclosure, committee nods to criticisms, but does not see anything plainly unreasonable in decision of Ms. Kaufmann-Kohler’s co-arbitrators to absolve her
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