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Ms. Lamm sees no fraud under New York law
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Dissenter finds that investors’ obligations were suspended while they sought revival of treaty arbitrations
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Costs follow the event, especially in view of the investors’ fraud on the tribunal
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Counterclaims are not made out, as Laos took reasonable steps in view of the investors’ lack of cooperation
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Untrue claim and defence constitute a fraud on the tribunal
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Deed was likely fraudulently induced, but damages are not made out
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Investors’ obligations under the Deed were not suspended by alleged breach
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Applicable law does not include international law
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Tribunal declines to appoint forensic privilege expert
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Treaty and contract arbitrations proceed in parallel
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Background: partners in casino venture are unable to settle dispute
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‘Buy America’ provision does not violate FET, since many states impose similar requirements
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ADF’s MFN claim fails for lack of proof
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Scope of government procurement explained
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No expectations from domestic case-law interpreting a different statute
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Parties disagree on arbitration seat; considerations of cost of support services and location of subject-matter lead tribunal to pick Washington DC
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Tribunal exercises jurisdiction over issues not raised in ADF’s notice of intention to arbitrate; finds claims related to other projects inadmissible for lack of evidence
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Article 1102 claim fails because local steel requirement applied to US and foreign investors equally, and claimant fails to prove de facto discrimination
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ADF fails to prove that NAFTA minimum standard of treatment includes an autonomous obligation of FET and full protection and security
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On merits, goods produced by ADF fall within scope of Article 1102
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The US did not indirectly enforce the Buy America provision through the VDOT
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The ‘Buy America’ provision
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Parties to share costs burden because of complexity of questions
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Alleged breach of domestic law – flowing from allegedly discretionary application of law – is not FET breach
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