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Even non-ICSID rulings of contractual forum should not be re-opened
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Grenada invokes ICSID arbitration rule 41(5) seeking expeditious dismissal
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RSM lost contract case, and turned to Bilateral Investment Treaty
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Committee does not see need to express general view on the nature of annulment proceedings
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Most appropriate sanction is not damages or drawing negative inferences at a later stage
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Tribunal sees unfairness of leaving case floating indefinitely in limbo
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Parties spar over tribunal’s authority to discontinue proceedings in these circumstances
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Tribunal dismisses relevance of criticisms voiced by third-party funders
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Griffith’s opinion was aimed at procedural issues – and gave no sign of how he’d address merits; moreover, his silence on the challenge can’t lead to adverse inferences
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Unchallenged arbitrators say that appearance of bias or dependence should be plain or obvious; 28 days prior to challenge being initiated does not make it untimely
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State not required to prove prima facie jurisdiction or merits before obtaining provisional measures
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Provisional measures extend to procedural and contingent rights
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Majority finds power to order security for costs in general powers on provisional measures
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Dissenter questions state’s ‘right’ to costs reimbursement
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Evidence of third-party funding found insufficient
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Third-party funding found to increase risk of non-payment
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Exceptional circumstances distinguish case from previous requests for security for costs
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Provisional measures not binding, says dissenter
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No decision by majority on whether prima facie jurisdiction is needed to order provisional measures
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Arbitrators say new claim is re-litigation of already resolved questions
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No need to rule on fork in the road; “improper” to try to pursue new claims
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ICSID Panel declines Grenada’s request to order investor to post security
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