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Army assistance in eviction is breach of international law
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Revocation of licence is also breach of “sui generis legal relationship” between parties
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DCF analysis is used to assess compensation
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Arbitration agreement encompasses foreign parent
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No recommendation of provisional measures absent threatened rights
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Right to arbitrate is transferred with shares in investment
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Dispute is not about contractual rights
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Claimant is not estopped from alleging attribution of Wisma’s conduct to Indonesia
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No “ritual clause” required to invoke foreign control under Convention article 25(2)(b)
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No need to verify ultimate control
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No attribution of PT Wisma’s acts to Indonesia
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FPS clause found to put “due diligence” standard on host state
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For majority, BIT is primary source of law
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Attempt to reach better protection and security clause in Swiss BIT is rejected
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Costs
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No moral damages requested or awarded, notwithstanding death of some staff members
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Unusually, pre-award interest starts to run from date of request for arbitration
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NT/MFN treatment owed with respect to compensation for war/conflict losses
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“Renvoi” in Article 4.1 invites tribunals to consider treatment given to other investors, including under customary international law
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Compensation only awarded for joint venture’s value to a willing purchaser; goodwill and future profits deemed too uncertain
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Tribunal analyses treaty’s provisions on compensation for losses in case of war/armed conflict/etc.
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Tribunal nods to possibility that “due diligence” standard may yield differing results depending on sophistication of the host state
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On facts, due diligence standard is breached
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