SAS never made any investment, dissenter says, as it never actively invested in Bolivia

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To avoid pre-judgment, Bolivia’s request found unjustified to the extent that it relies on jurisdictional arguments

SAS’s conduct not comparable to RSM’s recalcitrance, tribunal finds

Tribunal confirms its power to order security for costs under UNCITRAL Rules

Mere existence of third-party funder does not justify security for costs

Investor willing to disclose identity of funder, but not terms of funding

Bolivia has not shown that harm from unpaid costs outweighs harm to investor, SAS claims

Investor says that it has money to pay, but that lack of money would not justify security order anyway

Investor highlights risks of third-party funding, challenging Gavan Griffith’s ‘gambler’s Nirvana’ view

Bolivia urges systemically integrated reading of the treaty

For Bolivia, customary law demands the prevalence of human rights norms

Bolivian law also requires the protection of indigenous communities

Tribunal deems some redaction prudent so as to not exacerbate dispute

Bolivia also questions jurisdiction due to the alleged illegality

For Bolivia, allegedly unclean hands deprive the claimant of its ability to invoke BIT protections

PCA Secretary-General rejects substance of challenge

PCA was earlier agreed-upon appointing authority, and therefore handles challenges

PCA head rejects Bolivia’s contention that clock starts running only once arbitrator submits disclosure statement

Disclosure was late, but no evidence of effort to conceal info

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