Request is aimed at methodological choices that cannot be rectified, tribunal finds

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Dominican Republic identifies three alleged “computational errors” that could reduce award’s value by 90%

Costs lie where they fall, as tribunal had “difficulty seeing any real difference in the behavior of the Parties”

With respect to interest, Claimant should not “be treated any worse than a voluntary lender” to the Republic

Threshold for moral damages is high, and not met in this case

Land is valueless and deserves no compensation

Speculative investment in WTE plant should not be compensated

Dominican Republic breached umbrella clause by failing to uphold contractual commitments

Existence of obligations involving “matters closely connected with essential public policies” militates against declining jurisdiction in favour of the contractually-agreed forum

Treaty contains no limitation to the type of obligations protected under the umbrella clause, meaning that there is no requirement of privity

Specific language of non-impairment standard in FTA requires measures to be both discriminatory and arbitrary

Lack of consistency and arbitrariness results in violation of FET standard

Inconsistent conduct cannot create legitimate expectations

FET is tied to international law and thus limited to customary international law – which has evolved since Neer decision

Abrupt decision to terminate the Concession Agreement evidences unlawful expropriation of the investment

Project to build recycling facility and WTE plant could not give rise to legitimate expectations

Reflective loss objection is dismissed, given finding of jurisdiction over indirect investors

War-losses clause does not operate to allow states to bypass their remaining obligations under the treaty

State needs to demonstrate that situation pertains to national security interests

Clause on “national security interests” does not prevent review by tribunal

Evidence of deliberate abuse of right is lacking; disagreements between the parties at the time did not suffice to make the investment dispute foreseeable

Alleged breaches of domestic law are not severe enough to warrant depriving Mr. Lee-Chin of treaty protection

“Risk” is not a requirement for an asset to qualify as an investment under the FTA

While link should exist between the investor and the investment, the treaty does not mandate any particular link – especially in terms of origin of funds

Background: Landfill project struggles to operate, leading to environmental and sanitary problems and eventual state takeover

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