ICJ considered that cumulative appreciation of evidence is irrelevant when individual documents do not support applicant’s claim

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General obligation to settle dispute by peaceful means does not entail specific obligation to negotiate

Legitimate expectations do not form part of general international law

ICJ reaffirmed ‘strict’ notion of estoppel and rejected Bolivia’s argument due to lack of detrimental reliance by the state

No acquiescence in relation to statements by Bolivia that did not require reaction by Chile

Chilean letters and declarations express willingness to enter into negotiations, but do not contain a unilateral undertaking

Court saw no intention to create obligation to negotiate in bilateral exchanges between Chile and Bolivia

Existence of obligation to negotiate should emerge from objective elements

Obligation to negotiate does not imply obligation to reach an agreement

ICJ finds that subject-matter of the dispute is not covered by Pact of Bogotá’s exclusion clause

Background: Bolivia took Chile to the ICJ, seeking renegotiation of sovereign access to Pacific Ocean

Tanzania’s conduct was an expropriation and a breach of the FET standard

Investors’ claims are not estopped due to letter to government that was a “cry for help” to salvage the project

Alleged breaches of international law would have been insufficiently serious to prosper as a preliminary objection

Negotiation requirement places obligations on both parties

Governmental origins of underlying project does not mean that assets do not qualify as investment

New jurisdictional arguments raised at the hearing should be deemed belated if they amount to entirely new objections

State’s counterclaim is stayed absent payment of dedicated advance on costs

Background: Biofuel venture collapses after Tanzania cancels land titles

Dissenting arbitrator considers that challenges should have been rejected since IDI Declaration and arbitration have different subject-matters

Challenges are upheld in view of broader dispute between Ukraine and Russia

Challenge is timely in the circumstances, as no strict limit applies to inter-state arbitral proceedings

Vote on IDI Declaration should have been disclosed, majority of unchallenged arbitrators holds

Applicable standard is designed for state-to-state proceedings, but developments in other fields, including ISDS, are also relevant

Background: Two of five arbitrators voted in favour of academic declaration criticising the respondent, prompting disqualification proposals by Russia

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