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As both parties prevailed to some extent, the claimant is reimbursed only 60% of its legal fees
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Flaws in claimant’s expert report lead to lower compensation
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Tribunal declines to order state to publish statement absolving claimant
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Allegations of damage to reputation are difficult to establish, especially when record is muddled
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Tender rights can be expropriated
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No other bidder had received treatment similar to that of the claimant, evidencing discrimination
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Political interferences with award of contract breached claimant’s legitimate expectations that tender process would be carried out fairly
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Alleged corruption is unproven, as local acts of bribery cannot be traced back to the claimant
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Local entity is covered by the BIT as it relates to the dispute, even if impugned conduct did not affect it directly
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Salini test is unhelpful in context where main question is whether claimant acquired rights protected by BIT
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Since tender winner would under normal circumstances have been awarded a contract, tribunal finds qualifying investment under the BIT
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Tribunal can assess weight to be given to expert report
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PCA Secretary-General declines to rule on Kyrgyzstan’s objections to jurisdiction
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Background: Claimant wins tender for e-passport services, but no contract is ever signed after competitors complain, and allegations of corruption are aired
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Tribunal refuses to strike out relevant and material evidence pertaining to claimant’s Spin Out
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Application made towards the end of procedural timetable without raising prior concerns is neither timely nor urgent
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Security for costs order is unnecessary and disproportionate, considering claimant’s transparent conduct and the unreasonable burden of a bank guarantee
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Claimant’s change of name and corporate structure is not an “exceptional circumstance”
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Security for costs order requires exceptional circumstances, necessity and proportionality, and urgency
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Tribunal has power to order security for costs; both parties have contingent right to enforcement of hypothetical costs award
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Respondent requests security for costs to be ordered against both original claimant and its assignee
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According to the USA, the TPA’s FET standard has limited reach and does not include legitimate expectations, transparency, good faith or non-discrimination
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Customary international law requires showing of state practice and <em>opinio juris</em>; arbitral practice on “autonomous” FET standard is not relevant where FET is expressly tied to MST
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NT and MFN provisions do not prohibit all types of differential treatment
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