In Decision on Interpretation, tribunal clarified that order restoring arbitration agreement was reciprocal

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Jordan’s “retroactive” termination of ATA’s right to arbitrate breached the BIT

Tribunal found that it had ratione temporis jurisdiction over dispute stemming from annulment of contractual arbitration agreement

Even if arbitral award qualified as protected investment (quod non), tribunal would still lack jurisdiction over award’s annulment

Tribunal declined jurisdiction ratione temporis over dispute stemming from annulment of arbitration award

BIT does not apply to pre-existing disputes, even though it applies to pre-existing investments

Investment must be viewed as “bundle of rights”

Background: Fate of commercial award before Jordanian courts led to treaty claim

Tribunal did not need to determine if Ecuador could deny benefits

Trust is not in control of claimant investor and thus cannot lodge claim on its behalf

Award qualifies as protected investment

ICSID tribunal directs Jordan to terminate domestic legal proceedings

Tribunal confirms emergency arbitrator’s award, interprets decision, and doubles down on first decision

Background: JKX submits that gas fee and measures adopted in response to Crimea crisis violated the UK-Ukraine BIT

Background: Spanish investor in Chilean fishing venture complained of Chile’s refusal to extend its fishing rights

Full tribunal resigns over parties’ refusal to increase hourly fees

Challenged arbitrator choses to resign

Dissenter deplores use of judicial economy and merging of distinct standards of treatment

SOFR is risk-free, so tribunal prefers fixed LIBOR as interest rate

Costs of additional proceedings fall on claimant

Allegedly undecided FET and FPS claims would have been unsuccessful

Request to overturn jurisdictional outcome cannot be accepted

UNCITRAL Rules leave tribunal discretion to issue supplementary decision

No need to order provisional measures post-award, since award is clear in what it entails

Background: crisis in the Mexican sugar industry

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