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Umbrella clause and FPS claims are also rejected
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License revocation was a legitimate exercise of Kosovo’s police powers, meaning that no unlawful expropriation occurred
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Revocation of ICKO’s license was not premature, disproportionate, or lacking due process
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Kosovo should be held to the FIL’s English version published in its official gazette, meaning that the FIL provides FET protection
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Reference to information from security institutions did not play a decisive role in the CBK’s decision to revoke ICKO’s license
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CBK acted neither arbitrarily, nor unreasonably by revoking ICKO’s MFI license
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The CBK acted reasonably by holding ICKO to its business plan; alleged disclaimer cannot shield the claimant from regulatory overseeing
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Claimant conceded the CBK’s authority to regulate interest rates
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Tribunal finds that the CBK did not exceed its authority by regulating ICKO’s interest rates
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Interpretations of domestic law by regulatory authorities are to be treated with deference
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Objections that ICKO submitted a fraudulent business plan and operated illegally also pertain to the merits
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Argument based on non-disclosure of criminal record would have failed in any event
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Alleged failure to disclose criminal record of claimant’s principal did not occur at the inception of the investment and is thus not jurisdictional in nature
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Investment was made when ICKO was incorporated, and not when ICKO obtained the MFI license
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Only illegal conduct in the making of the investment can act as a bar to jurisdiction
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Objection to timeliness of illegality objections is dismissed
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Tribunal uses official English version of FIL as point of departure for its analysis
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Background: Revocation of microfinance license gives rise to ICC arbitration
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