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Tribunal saw no illegality in claimant’s investment
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SwemBalt made an investment in Latvia
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Claimant was awarded costs
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Tribunal found the (il)legality requirement irrelevant for “investor” status
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Tribunal assessed the impact of Latvia’s limited participation in the proceedings
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Tribunal saw no issue with ownership of ship
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Most of the requested compensation was awarded to claimant
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Seeing no clear rules on interest, tribunal relied on analogy from BIT’s provision on compensation for expropriation
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Tribunal deemed it irrelevant whether contested acts were taken by local or central authorities
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Loss of ship prompts BIT claim
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Danish court proceedings revealed tribunal’s subsequent interpretation of the award
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Costs are only partly shifted due to “substantial disproportion” between parties’ costs
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Uncertain future losses are not compensable
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“Fair market value” is inappropriate standard when breach is not an expropriation
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Pre-award interest rate should be average of debt interest rate
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No added compensation for domestic taxes
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Predicted prices need only be reasonable
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Commitments in general legislation do not give rise to legitimate expectations
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Both international law and domestic law have role to play as applicable law
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Argentina says claimants are not proper concessionaires absent state approval of investment assignment
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Expectations are legitimate if they allow some room for state’s right to regulate
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Regulatory framework not governed by older, more restrictive law
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Article XI defence would not have fully covered Argentina’s measures anyway
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Economic crisis was emergency situation … but Argentina can be blamed for it
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