Arbitrators award costs to Slovak Republic

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Dissenter criticizes majority for “selectively” elevating contractual claims into treaty claims, and would have granted set-offs

Tribunal awards interest and costs

Majority declines Libya’s request for set-offs

Tribunal compensates some force majeure losses

Tribunal awards damages for unpaid payment certificates, delays, retentions and additional work under the BIT’s umbrella clause

Arbitrators dismiss full and constant protection and security claim as “too uncertain”

Tribunal grants damages for destruction under war losses clause

Claimant submitted “credible and sufficient” evidence of requisitions in violation of war losses clause

Remaining claims do not alter the outcome of the case

Full and constant protection and security obligation must be assessed against the revolutionary context

War losses clause is not a lex specialis that prevents claimant from relying on other treaty provisions

Forum selection clauses do not bar jurisdiction over umbrella claims if recourse to local courts is “not a practicable and safe option”

Exceptional circumstances warrant conclusion that, through its state-owned entities, Libya had entered into the construction contracts

Tribunal sees no puissance publique requirement to rely on umbrella clause

Strabag can claim reflective losses

Claimant’s construction venture qualifies as a protected investment

Background: Local construction projects are interrupted by revolution

Claimant-appointed arbitrator disagrees that contractual choice of forum takes precedence over BIT

Properly interpreted, umbrella clause ensures observance of valid commitments to investors

Tribunal adopts broad reading of umbrella clause, sharply disagreeing with SGS v. Pakistan tribunal

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