Co-arbitrators look at narrow issue: Secretary-General’s authority to appoint

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ICSID steps in to appoint arbitrator, but respondent alleges that it had not been aware of the proceedings due to communication issues

Recusation of counsel requires special circumstances

Given silent treaty, tribunal designates appointing authority tasked with challenges

Multiple reasons given by arbitrators for reluctance to defer

Paraguay had urged arbitrators to stay their hand

Tribunal expressly rejects narrow approach to similar clause in Pakistan case

Umbrella clause appears unlimited, so several claims possible

Tribunal nixes Paraguay’s suggestion that it was not acting as a “sovereign”

Contract’s dispute clause does not bar the door to treaty claim at ICSID

Tribunal offers succinct analysis of BIT’s FET clause; ECT claim dropped?

Non-payment capable of constituting “unfair” treatment

Tribunal distinguishes between two levels of proof at jurisdictional stage

Despite Donovan’s resignation, Sanum precedent looms large over the case

Correctness or persuasiveness of tribunal’s reasons are irrelevant, as long as reader can follow facts and law applied by tribunal

An annulment is not an appeal – and the committee will not review analysis for correctness

Committee finds that arbitrators chose between several available options and did not manifestly exceed powers in accepting jurisdiction over the contract claim

The tribunal did not manifestly exceed its powers in deciding the case on the merits

China-Laos BIT and China-Mongolia BITs contain identical language

BIT claim was unusual in that it centered on criminal investigations

Romania argued that compliance with ECHR norms points to BIT compliance

While critical report likely triggered inquiries, evidence is lacking as to their being politically-motivated

Competing narratives of claimant and Romania

“Event study” method seldom used in investment arbitration

Tribunal muses as to broader inappropriateness of valuation method

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