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Both the investment and the dispute already existed in October 2012, meaning that 1982 BIT remains applicable through 2007 TPA’s provision on succession of treaties
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Tribunal sees investment dispute, rather than mere domestic dispute over land boundaries
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Claimants proved prima facie BIT violations on the merits
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Additional defense based on Saba Fakes ruling is rejected
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Panama fails to rebut prima facie conclusion that claimants held rights over the Disputed Land
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In the alternative, BIT also protects rights deriving from de facto possession of land
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Prima facie, the claimants held ownership rights over the Disputed Land at a certain point in time
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Both claimant’s modification of arguments after filing of notice of arbitration and respondent’s additional objections raised after bifurcation request are admissible
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Tribunal addresses consequences of criminal judgment against one of the arbitrators; claimants confirm that they are not raising corruption claim
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Background: Handling of landownership dispute by local authorities leads to treaty claim
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Malaysia’s “uncollaborative attitude” justifies shifting of costs in favour of claimants
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International dispute is governed by UNIDROIT Principles as neutral rules of law
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Claimants did not waive right to arbitrate by resorting to courts
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Disappearance of original forum is irrelevant; Malaysia’s conduct amounts to a denial of justice and acquiescence
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19<sup>th</sup> century deed contained preference for dispute-resolution method equivalent to arbitration
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Tribunal cannot review appointment by state courts
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Rights of respondent in default should be balanced against those of claimants
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Spanish law governs as as lex arbitri; proceedings to take place in English
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Seat selection should be informed by strategic and practical considerations
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Claimants recover entire costs
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Pre- and post-award interest should not be identical, as they do not relate to the same obligations
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Heirs are compensated for value of territory, taking into account oil resources
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Malaysia breached the 1878 agreement by stopping the annual rent payments; contract is terminated
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No state immunity for state conduct that was commercial in character
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