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Counterclaim is granted in full, as state-owned firm failed to challenge details of expert’s quantum determination
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Alleged waiver does not count, as respondent merely sought to appease its joint-venture partners – in vain
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Hostility of local partner to foreign investor explains contractual non-performance
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Lis pendens admissibility objection is dismissed, as contract and treaty claims do not involve same parties, causes of action, and objects
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Tribunal maintains online hearings despite claimant’s challenge to all three arbitrators
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Background: Joint-venture formed to overhaul cement plant turns sour
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No compensation for “expropriated” assets, or foregone contracts abroad
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Corruption allegations don’t prove material to outcome of case
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Arbitrators read arbitration clause as not requiring exhaustion of remedies
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French tribunal must take account of due process norms in ECHR?
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Tribunal declines to respect local bankruptcy process that lacked due process
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Urgent interim order to maintain <i>status quo</i>
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No restitution given both parties’ role in corruption; costs are split for the same reason
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Underlying contract was also tainted by corruption
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Consent Award was tainted by corruption
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Odebrecht’s history of corruption and Libya’s general climate are serious red flags, but cannot suffice
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Report from Libya’s state organ is a valid piece of evidence
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Majority adopts French law’s standard of proof for corruption, and relies on “red flags”
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Request to retract Consent Award is admissible, as time-bar should start from the date when respondents were able to denounce the alleged corruption
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Consent award was not res judicata following lack of compliance with suspensive condition
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Counterclaims can be heard despite Libya’s failure to pay advances on costs
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Proceedings are suspended for two months on account of civil war
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Security for costs request is dismissed
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Tribunal accepts settlement agreement in consent award
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