Hungary ordered to bear ICSID costs and claimants’ costs

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Committee found sufficient reasons by tribunal in rejecting Hungary’s qualification of the dispute and mitigation arguments

Committee found tribunal’s analysis of treaty conflict “perfectly clear”

Committee saw no failure to apply the law in tribunal’s refusal to reduce quantum of claimants’ losses

Committee found no manifest excess of powers in tribunal’s decision to uphold jurisdiction notwithstanding Achmea Decision and subsequent 2019 Declaration

Manifest excess of powers must be both self-evident and substantively serious

Annulment safeguards overall integrity and legitimacy of arbitral process and is not designed to correct mere error in the award

Background: Hungary filed for annulment of intra-EU farming award

USA reiterates its restrictive understanding of the FET standard, and opines that customary international law does not require due process in administrative proceedings

National treatment violation requires like circumstances and does not guarantee best treatment

Limitation period must be met with respect to each individual claim

Parallel litigation waiver is a jurisdictional requirement; deficient waiver can only be remedied before the tribunal is constituted

NAFTA/USMCA provisions on delegation of authority to state enterprises refer to the state’s sovereign capacity

Tribunal decides that the request fails to meet the threshold for irreparable harm

Elements of test for issuing provisional measures are conjunctive

Background: Claimants in NAFTA legacy oil drilling dispute ask for interim measures aimed at preventing Pemex subsidiary from calling on performance bond

No contribution of capital by Rurelec into Bolivian territory

Respondent is ordered to pay 20% of claimant’s legal costs, plus 60% of the arbitration costs

Interest runs from the date of the last expert reports

Majority finds that claimant is entitled to moral damages, but these should not be based on a percentage of the compensation awarded

Majority awards 6.5 million USD in lost profit

Majority awards 3.5 million USD in sunk costs related to the failed Comprehensive Solution

Arbitrators decline to order the termination of the Contract

Tribunal sees no independent violation of the applicable law

The Central Public Administration violated its duty of good faith by pursuing criminal proceedings in relation to the Contract after becoming a party to it in 2018

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