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International law is applicable to contractual dispute under ICSID Convention
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Claimant has an investment as provided in contract
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FIL standards on expropriation are incorporated into contract, tribunal says, but BIT standards excluded
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Kazakhstan cannot prove that the real investor is a third-party
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No identity of object and cause of action for res judicata purposes
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Domestic statute of limitations does not apply when international law is part of the matrix
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Kazakhstan accepted to treat CIOC as a foreign national in contract
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Claimants left to bear own legal fees, while costs of previous arbitration remain unpaid
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Presumption of legal control is not rebutted by Kazakhstan
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No ‘cessation risk premium’ or contributory fault discount to apply
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Dissenter sees material breach of contract, justifying termination and excluding expropriation
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Too much uncertainty to support lost profits or lost opportunity claims
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Kazakhstan claims contract termination was lawful due to breaches by contractor
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Claimants seek moral damages, and put forward DCF analysis despite no ongoing business
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Majority says that earlier official “acceptance” of flawed seismic study precludes government from invoking investor misrepresentation now
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No grounds to pay Mr Hourani directly; moral damages rejected
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Majority finds contract breaches, but not material enough to justify termination; insufficient notice also given
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Interest not reduced to account for alleged ‘claim-splitting’ into two arbitration
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Prosecutor’s ‘recommendation’ was not improper interference, dissenter says
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State contends that only sunk costs can be compensated, and contends that moral damages tests are not satisfied
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Majority sees political interventions as marking a ‘drastic change’ and ‘striking U-turn’ in attitude, underpinning expropriation
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Tribunal majority supports compensation based on sunk costs
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Unlawful contract termination amounts to permanent, substantial deprivation
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Tribunal has power to consider abuse defence, but merely filing separated claims is not necessarily abusive
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