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No ground to suspend the proceedings pending criminal investigations, as tribunal recalls that the RoC’s allegations of corruption are uncorroborated
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The state waited too long before filing for revision despite knowing of the allegations
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Alleged conflict of interest cannot be established on the basis of stretched links allegedly tying Mr. Derains to Iran, Hezbollah, and ultimately Commisimpex
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Allegations of corruption are based on hearsay
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Revision request should be lodged within a reasonable timeframe, after the party “reasonably suspect” the existence of the fraud
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Award can be revised or retracted in case of procedural fraud or corruption of one of the arbitrators, but tribunal needs to be convinced of allegations
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No ground to postpone evidentiary hearing for new counsels to accustom themselves with the case
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Request for security for costs is dismissed on grounds that it risks impairing the procedural calendar
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Revision tribunal declines to prevent the state from introducing arbitral documents in parallel court proceedings
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Background: RoC alleges corruption of chair of second ICC tribunal in adverse contract-based arbitrations
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Set-aside decisions by Swedish courts are irrelevant to ICSID arbitration proceedings, which are not bound by any specific domestic law
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Dissenting opinion unlikely to meet standard for reconsideration; tribunal disagrees with Mr Sacerdoti’s approach on relevance of CJEU judgments
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Green Power award does not meet standard for re-opening decision, both for its specificities and for being an “outlier” in comparison to other awards
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Previous decision is res judicata, but may be reconsidered based on exceptional circumstances; Article 51(1) of the ICSID Convention provides appropriate test
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Background: Spain relies on set-aside decisions by Swedish courts and Green Power award to file second request for reconsideration
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Background: airport security system contract
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Background and procedural record
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Komstroy might be relevant to another issue in the arbitration
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CJEU’s reading of ECT is obiter dicta, and in any event has no impact on the arbitration
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Mere disagreement with tribunal’s ruling does not justify reconsideration
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Test for reconsideration should meet requirements for revision
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Rejection of Spain’s intra-EU objection was final
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Earlier decision is res judicata
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TVPEE is a bona fide taxation measure, falling under the ECT’s tax carve-out
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