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Argentina had provided reasonable assurances, through a written undertaking, that it would enforce the award and not subject it to review by national courts
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Applicant should be entitled to stay subject to reasonable assurances that the award, if not annulled, will be complied with; the committee may impose conditions in case of doubt
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Likelihood of success was deemed irrelevant absent any indication of dilatory conduct
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Committee has discretion in deciding request for continued stay, including the power to impose conditions
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Background: Argentina applied for annulment of 133 million USD award and requested continued stay of enforcement
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Actions by Kyrgyz courts amount to judicial expropriation
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DCF valuation approach favoured in seeking ‘real value’ of investment
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Bracketed provision in treaty must be taken into account
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Possible local-litigation requirement was not invoked by Kyrgyzstan
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Investment could be financed by external sources, including reinvested profits
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No jurisdiction on contractual basis when tribunal was not appointed as required by the contract
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Test used in Oil platforms case implied that the tribunal should not delve into the merits at the jurisdictional stage
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Annulment committee annuls one of tribunal’s findings on liability due to lack of clarity as to how CMS could claim for breach of TGN’s contractual rights
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Committee is highly critical of tribunal’s approach to Argentina’s necessity defense, but the award ultimately survives
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Tribunal declines to issue requested orders
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Tribunal criticises simple triangulation, glosses over lawful/unlawful distinctions
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Risk-free interest rate used to supplement DCF valuation
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Bribery allegation unproven
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Wrangling over Bishkek hotel leads to claim for expropriation by judicial fiat
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