Background: Mr. Paushok seeks to revive dormant treaty arbitration against Mongolia; tribunal deems that it became functus officio, but nonetheless issues order terminating the proceedings

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Tribunal orders company to post disputed tax payments in escrow pending decision on the merits

Recusation of counsel requires special circumstances

Mr. Lalonde concluded that claimant had no knowledge of looming investor-state dispute when it was created, disagreeing with Ms. Stern’s finding

Corporate restructuring was not made in bad faith, Mr. Lalonde opined

Mr. Lalonde affirmed that claimant had made an investment, disagreeing with Mr. Park’s view on the question of “contribution”

Mr. Lalonde dissented on legal and factual grounds, affirming the tribunal’s jurisdiction

Costs were divided

Object and purpose of the treaties calls for balanced approach to jurisdiction

Background: Dutch investor in Turkish power plant project lodges treaty arbitration over unfavourable legislative changes

Argentina’s subsequent practice cited by tribunal

Tribunal not moved by fact that some exceptions were made to MFN clause

Treatment in host state’s “territory” does not encompass international arbitration

MFN clause did not indicate that the treatment applies to “all matters”

Arbitrators say “treatment” is substantive, not applicable to dispute resolution

Consent is key to jurisdiction, and it may not be present in many situations

Tribunal takes generous reading of FET and MFN

No denial of justice; due process accorded by Mongolian courts

No expropriation found

Tribunal uses “like products” analogy in analysis of discrimination allegations

Windfall taxes may be a “serious” risk, but not covered by treaty protections

Investor conduct is more properly relevant to analysis of its BIT claims

Arbitrators loath to give extra-territorial effect to Mongolian law obligations

Tribunal recognizes that counter-claims were countenanced in an earlier case

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