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Dissenter found breaches of domestic law and would have awarded development costs and moral damages
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Dissenter saw reason to favour claimant given Georgia’s “erratic behaviour”, using flexibility inherent in arbitration
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Tribunal justified reliance on ICSID case-law, and found deliberate omission of ‘investment’ definition in ICSID Convention
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Georgian investment law contained consent to ICSID arbitration, tribunal held
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Jurisdictional objections were raised with “extreme delay”, but tribunal agreed to hear them
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Early pleadings were confused on jurisdiction, before Mihaly award prompted clearer objection from Georgia
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Tribunal rejected claimant’s power to claim on behalf of its shareholders
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Tribunal issued provisional measures, ordering domestic courts to suspend allegedly “collusive” proceedings
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Claimant’s request that documents be withheld from the state is rejected
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Co-arbitrators rejected Georgia’s challenge to claimant’s nominee, finding “casual, social acquaintance” with claimant’s witness insufficient to warrant the arbitrator’s disqualification
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Background: Failed negotiations for hydroelectric power plant rehabilitation led to ICSID arbitration
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Argentina ordered to provide heightened written assurances of prompt payment of award in long-running dispute with Vivendi
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