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Tribunal did not need to determine if Ecuador could deny benefits
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Trust is not in control of claimant investor and thus cannot lodge claim on its behalf
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Committee identifies five factors to be taken into account for the stay decision
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Both parties are ordered to submit undertakings to pay
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Committee conditions the stay; Pakistan must post security for 25% of the award damages, and TCCA must post security for associated costs
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Settlement in parallel Karkey v. Pakistan case is not “determinative” in showing risk of non-compliance
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No compelling risk of non-recoupment in light of claimant’s offer to place monies into an escrow account
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TCCA will suffer a “degree of prejudice” if the stay is maintained
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Hardship for Pakistan resulting from immediate enforcement is real, but not as dire as claimed
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Committee sees insufficient proof that Pakistan’s request for a stay was made in bad faith
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No presumption for or against a stay; third treaties on rights to life and health are irrelevant
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Colombia is awarded all of its costs, plus interest
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Doctrine of estoppel is also not applicable
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Colombia did not renounce its right to rely on the limitation period
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Notice of dispute cannot interrupt the limitation period – only the request for arbitration has that effect
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Tribunal emphasizes that the terms “dispute” and “claim” have different meanings
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Alleged lack of legal merit is “manifest” since it merely requires an interpretation of the BIT
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Rule 41(5) objection must be clear, certain, and obvious; facts may be reviewed if they are directly relevant to the tribunal’s jurisdiction
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Rule 41(5) applies to jurisdictional objections, but Colombia bears the burden of proof
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Background: Forced liquidation of financial institution triggers ICSID claim
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Madrid court accepts jurisdiction over BIT claims dismissed on jurisdictional grounds by earlier tribunal
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Costs are split between the parties
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Arbitrators disagree on failure to refund entrance fee
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Tribunal splits on whether India can rely on “essential security interests” provision
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