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Tribunal sees no abuse in investment made by a Georgian national
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There is no breach of pre-arbitration requirements, as tribunal refuses to hold the claimant to a “futile” settlement period
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Tribunal sees no conflict between EU law and investor-state arbitration under the two BITs
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EU law could come into play in determining the jurisdiction of a Stockholm-seated tribunal
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SCC arbitration is deemed more favourable in light of ICSID’s prohibition against claims by dual nationals against one of their home states
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Tribunal majority saw no violation of parties’ supposed exclusive choice of ICSID arbitration
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SCC and ICC arbitration are of the same nature as ICSID arbitration
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Claimant’s reliance on the MFN clause neither amounts to displacement of ICSID arbitration, nor does it result in mere invocation of other procedural rules
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Majority deems that investor-state arbitration qualifies as “treatment” under the BIT’s MFN clause
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Claimant’s UK nationality has been dominant and effective since the acquisition of the investment; fact that claimant stood to lose Georgian nationality upon naturalisation is deemed key
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Tribunal side-steps “dominant and effective” nationality debate
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Tribunal eschews need to assess requirement of “genuine link” with other BIT, finding that Georgia’s objection fails factually
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Tribunal sees no fraud or error in claimant’s acquisition of UK nationality
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Tribunal can determine existence of nationality for opposability purposes, but with deference to local law
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Exclusive recourse to ICSID under BIT is not determinative of permissibility of dual-national claims
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Dual nationals are in principle covered by the BIT
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Proceedings are bifurcated by agreement; claimant’s interim measures request is rejected
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Background: Claimant alleges that extortion by local political elite destroyed his business interests
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