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Impact on costs of state’s request for bifurcation is mitigated by awarding costs depending on the arbitration phase; state scores net win in costs ruling

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Interest is awarded on a simple basis

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Damages focus on consequences of Dominican Republic’s breaches

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Tribunal declines to grant declaration of compliance with contract

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State tax authorities erred when calculating part of the claimant’s cash flows, but further corrections and adjustments are warranted

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Contract and the parties’ conduct drew distinction between taxes (of which the project was exempt) and royalties

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Dominican Republic failed to provide new site for tailings dam, but claimant waived its right to complain as it preferred alternative option

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While contract bars tribunal’s jurisdiction over claims for punitive damages, nature of claims is for tribunal to decide

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Local proceedings cannot bar arbitral proceedings, since they do not share same cause of action and do not amount to a waiver

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Objections on fork in the road and availability of remedies are tied to the merits

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Tribunal finds that parties agreed on Australian nationality for Vanuatu-incorporated claimant, opening the way for ICSID AF arbitration

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Majority finds that distinction in contract between environmental and other disputes does not extend to availability of ICSID AF arbitration – which remains open for all disputes

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Background: Disputes over location of new dam and the claimant’s tax bill leads to arbitration claim

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