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Both tribunals split costs between the parties
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Both tribunals dismissed arguments arising out of parallel proceedings and alleged abuse of process
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CME tribunal found jurisdiction over investment made by claimant’s predecessor, and viewed dispute as investment-related, not merely commercial
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Lauder tribunal rejected “overly formalistic” bid to dismiss claim for failure to comply with cooling-off period
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CME majority found that “coerced amendment” of MOA amounted to unlawful expropriation; Lauder tribunal reached opposite conclusion
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Breaches of FET and FPS found by CME majority, but not by Lauder tribunal
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CME majority found breach of “principles of international law”; Lauder tribunal took different view
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CME majority viewed state actions as arbitrary and discriminatory; Lauder tribunal found a partial breach but no causal link to loss
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Investors initiated numerous parallel proceedings before local courts and international tribunals
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CME majority offered a detailed factual analysis
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Dissenter alleges exclusion from deliberations and strongly criticizes majority’s methods and holdings
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Arbitral tribunal addressed issues of consolidation and bifurcation, and refused to grant provisional measures
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