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Tribunal opined that, absent a definition of the term ‘investment’ in the ICSID Convention, the BIT’s definition set the bounds of its jurisdiction ratione materiae

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Tribunal upheld jurisdiction ratione personae, noting that Lanco was incorporated in the US and had its principal place of business in the US

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Consent to ICSID arbitration is not “residual” or trumped by the forum selection provision

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Procedural requirements had been satisfied

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BIT option to resort to “previously agreed dispute settlement procedures” referred to agreements pre-dating the dispute, not to procedures pre-dating the BIT’s entry into force

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Existence of investment dispute did not require explicit mention of foreign investment in the investment agreement

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Minority shareholding and investment agreement qualified as protected investments under the BIT

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Background: Port development and operation concession agreement gave rise to treaty claim

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Claimant’s Mistake completely excuses Respondent from Liability

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Contract termination found legal under domestic law

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Costs split

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Majority doubts concreteness and practical consequences of Ecuador’s request

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Ecuador cannot infer disagreement from US silence

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Majority does not follow Reisman opinion in seeing no room for a state to claim that the other has breached one of the substantive BIT obligations

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Tribunal questions use of ICSID system when domestic contractual remedies exist

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Was there an ‘investment’, or merely a contract?

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Jurisdiction upheld, with validity of concession contract to be discussed under merits

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