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Tribunal finds ‘novel issues of law’ not appropriate for summary dismissal

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‘Object and purpose’ and effet utile arguments marshalled in response

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PNG insists that domestic statutes provide no consent to arbitration

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Claimant insists that summary dismissal not appropriate when facts in dispute

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PNG says ICSID Convention only for ‘private foreign investment’

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Domestic investment statute is a ‘hybrid instrument’, to be interpreted in accordance with domestic law on statutory construction and international law

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Contrary to approach of ICSID tribunals in some Venezuela statute cases, effet utile principle is deemed applicable to the interpretation of unilateral declarations by states

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Neither context, purpose, nor legislative history are enough to ground consent to ICSID arbitration

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Effet utile not a basis for finding consent to ICSID jurisdiction in this case

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Although not ‘free from doubt’, text of investment law does not provide the state’s consent to ICSID arbitration

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Having found no jurisdiction under PNG’s domestic legislation, the tribunal had no need to address other jurisdictional objections

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Provisional measures request not precluded by prior request for relief to Singaporean courts

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Claimant failed to prove actual harassment or threat of future harm to its officers or employees

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Likelihood of interference with claimant’s management justifies injunctive relief

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Tribunal rejects claimant’s request for the preservation of the status quo and non-aggravation of the dispute for lack of specificity

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Request to enjoin imminent disposal of Oki Tedi Mining shares to third parties satisfied specificity, urgency and necessity requirements

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