Albania was denied reimbursement for costs

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Denial of justice claim failed due to lack of exhaustion of local remedies

FET claim failed due to tribunal’s jurisdictional constraints

FPS claim failed because Albania met its duty of due diligence, considering the country’s circumstances and limited resources

Fork-in-the-road clause prevented claim against Albania for amounts due for losses under the contract

Arbitrator criticized Salini test but found that some “inherent meaning” of the term ‘investment’ may be useful, ultimately concluding that this definition would be met in any event

Background: Claimant filed ICSID arbitration claiming BIT breaches after its construction operations were looted and destroyed during civil unrest

Background: USA seeks summary dismissal of arbitration stemming from asset forfeiture proceedings linked to PrivatBank investigations

Invocation of principles of prescriptive jurisdiction and adjudicatory committee touches on novel issues not appropriate for resolution in Rule 41(5) proceedings

Objection that dispute is not ripe for resolution requires further submissions

Waiting period objection requires examination of facts and legal arguments

Brevity is virtue in Rule 41(5) decisions

Tribunal confirms that provisional measures in ICSID proceedings are binding upon the parties

Measures granted are limited so as not to impinge on rights of third parties

Tribunal can grant provisional measures, even if those may ultimately prove to be to the detriment of the winning party

Tribunal confirms prima facie jurisdiction and competence to grant provisional measures under ICSID Convention and domestic law

Background: oil exploration contract

Notice of intent is adequate for Article 26(4) of ECT to constitute acceptance of offer to arbitrate under the treaty – tribunal differentiates Benabderrahmane v. Qatar

Application of ICSID Rules is governed by date of claimants’ consent to arbitration

Question of whether heirs can bring claim if the deceased investor never consented to ICSID/ECT arbitration is novel and requires further briefing, therefore the high standard of Rule 41(5) is not met

Rule 41(5) objection must focus on legal (rather than factual) elements and can be jurisdictional in nature

Ukraine’s requirement of locally sourced music did not breach the BIT

No breach of the umbrella clause without violation of the Settlement Agreement

Not every malfunctioning of a public service constitutes a violation of the FET standard

Agreeing that awarding moral damages required exceptional circumstances, the tribunal reserved this issue for the subsequent phase

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