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No breach of customary international law
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No judicial expropriation absent exhaustion of domestic remedies
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Conduct by private party and NNPC are not attributable to the state
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No need to decide on scope of customary international law given result on the merits
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Foreign investment law protects against indirect expropriation; customary international law is also applicable
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No sanction for alleged misrepresentations in registering claims with ICSID
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Inability to agree on rules is equivalent to a “disagreement”
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Failure to negotiate cannot be held against the claimant since Nigeria ignored their communications, majority says
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For a majority of the tribunal, registration requirement is inapplicable in circumstances where failure to comply stems from the acts underlying the claims
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Dispute is established since parties disagree on violation of investor’s rights
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Background: investment in Nigerian oil company is diverted by local partner
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Pro bono defence cannot support request for costs
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Request for security for costs should meet test for provisional measures
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No bias or appearance of bias in holding session when a party’s expert is absent, or provisionally accepting contested evidence
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Claimants ask to clarify state of Nigeria’s defence
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Emails cast doubt over Nigeria’s funding arrangements
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Tribunal’s duty to ensure integrity of proceedings includes duty to avoid conflicts of interest
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Emails are incorporated into the record over dissenter’s objections
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Disclosure of third-party funding is question of procedure, designed to prevent conflicts of interest
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Domestic Law contains a “standing written offer” to arbitrate
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No statute of limitations that bars claims
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Other objections to be decided later
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