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Hearsay entails due process issues if alleged source is not able to testify in proceedings
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Interest is owed on costs due to arbitration length
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Success of one jurisdictional objection is relevant to costs allocation, but most costs are awarded to claimant given the case’s outcome
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All costs to be decided in the award, once allocation between two cases is determined
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Costs can be decided at this juncture
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LIBOR interest rate is replaced with SOFR
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No legal link between the two sets of proceedings
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No procedural impediment to render an award at this stage
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Background: Canadian-owned oil company brings payment claim based on gas purchase agreement
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Background: Pre-Achmea award is challenged at the seat; Supreme Court sends preliminary question to the CJEU regarding waiver of intra-EU objection
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Avowed instances of corruption do not prove broader allegations
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Hiring of consultants is no evidence of corrupt intentions
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Layering allegations are ultimately unproven
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Procurement regulations did not apply to JVA
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No adverse inference when respondents fail to rebut explanation for absence of evidence
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Lobbying by political insiders occurred, but did not obtain Niko the JVA
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Principles of evidence and proof not to be decided in the abstract
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No evidence of alleged bribes or that they helped to obtain the JVA
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Jurisdictional objection based on availability of ICSID arbitration in cases involving corruption is dismissed once again
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Tribunals take Bangladeshi Constitutional provision into account – but local judgment is not binding
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Severability principle applies to agreements allegedly void ab initio
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Gas Purchase and Sales Agreement not obtained by corruption, as manifestly favourable to Petrobangla
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Parties negotiated joint venture to develop marginal gas fields, but then differed on gas prices
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In the circumstances of the case, compensation packages are not disproportionate
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