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In any case, tribunal majority would have dismissed claimants’ arguments based on lack of causation
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Second alternative claim based on post-2013 events, including UNESCO classification, is rejected
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First alternative claim is dismissed, with arbitrators stressing that there was no discrimination
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Arbitrators see no composite act and reject claimants’ principal claim
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Majority sees no mishandling of Bucium license applications
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Submission and rejection of Draft Law regarding the project are not tainted by abuse of power, according to majority arbitrators
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Tribunal majority finds no impropriety in EIA process and related technical elements
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Tribunal sees no improper link between delays in permitting process and state’s attempt to renegotiate financial aspects of mining project
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Effect of contested measures is key when assessing claim of indirect expropriation
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Umbrella clause only protects against sovereign interference by the state
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Tribunal identifies non-impairment and non-discrimination protections
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FPS protection is limited to protection from physical harm, under both BITs
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Tribunal majority finds that FET standard is the same in both BITs, despite the fact that only the Canada BIT refers to the MST
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Composite act requires clear link between series of events; BITs do not create composite obligations
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Claimants submit three different claims
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Tribunal rejects objections based on limitations period and non-retroactivity of treaties for alternative claims
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Canada BIT’s waiver requirement is satisfied since it was “substantively complied with” when arbitration was filed
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Claimants were not required to submit separate notices of dispute for subsequent facts that do not change character of the claims
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Tribunal finds that UK BIT requires economic definition of investment to be met
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CJEU’s Achmea Judgment does not bar claims by Jersey-incorporated investor, since EU law only applied in a limited fashion to the Bailiwick while the UK was an EU member state
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Arbitrators identify applicable law, stressing that Romanian law may be relevant to identify parties’ rights and obligations and that prior arbitral decisions are not binding
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Proceedings see tribunal rule on confidentiality, provisional measures, and amici submissions
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Background: Miner files for arbitration after large-scale gold and silver project is stalled due to state’s failure to issue required environmental permit
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Despite prevailing on jurisdiction and liability, claimant’s limited recovery on quantum as well as its “troubling” procedural conduct justify letting costs lie where they fall
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