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Archives
Costs were split between the parties
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The Consortium was not a party to the contract, therefore it did not qualify as a protected investor
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Tribunal adopted broad interpretation of cooling-off period and ruled that LESI was in compliance with the requirement
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Not every contractual breach amounts to a treaty breach
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Claimant made an investment within the meaning of the BIT
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Claims were, prima facie, validly brought against Algeria, which exercised important influence over the ANB
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Construction contract constituted an investment
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Tribunal applied Salini test; contribution to economic development criterion was deemed unnecessary
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Tribunal found that case involved a legal dispute
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Background: LESI-DIPENTA alleged that Algeria had wrongfully terminated a dam construction contract and awarded it to another investor
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At jurisdictional stage, characterization of claims is left to claimant
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Tribunal draws distinction between contract and treaty claims, claiming jurisdiction over the latter
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Respondent’s request for stay of proceedings is denied
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Claimant’s pursuit of remedies in other fora not a bar to BIT claims
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Tribunal recommends stay of contract arbitration and aims to protect claimant from being held in contempt of court
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Tribunal refuses jurisdiction over purely contractual claims, giving precedence to the contractual forum selection clause
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BIT waiting period deemed non-mandatory
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SGS has protected investment in respondent’s territory
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Tribunal is wary of far-reaching effects of umbrella clause, denies that the clause before it is capable of transforming contractual claims into treaty breaches
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Claimant’s request to disqualify respondent-appointed arbitrator is rejected
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