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In any event, claimants have failed to identify irreparable harm
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Tribunal lacks jurisdiction to issue anti-suit injunction directed against enforcement of the Guarantee
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PdVSA files two requests for anti-suit injunctions
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Background: Cyprus investment fund argues that Serbia destroyed local subsidiary
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Claimant’s case was not frivolous
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Security for costs is denied as premature
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No investment protection without consideration
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Second investment is similarly unproven
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Investment was never owned by Anglo-Adriatic
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Breach of domestic law with compelling public purpose justifies lack of investment protection for second alleged investment
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Case is bifurcated
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Tribunal bifurcates two out of three jurisdictional objections and identifies applicable law
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The object and purpose of the BIT does not prevent corporate planning
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Tribunal upholds jurisdiction over direct and indirect investments
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The object and purpose of the ICSID Convention does not include “origin of capital” requirement
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The “seat” of a company must be defined by reference to local law
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