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Goal was “prompt, adequate and effective” compensation, but no lost profits for an inoperative project
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Tribunal assessed amounts actually invested into project
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In damages award, tribunal found inherent power to reconsider prior decisions, but no ground to exercise it on the facts
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Series of measures by Ghanaian authorities amounted to “constructive expropriation”
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Applicable law was international law, despite contractual provision
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Illegality objection was rejected; jurisdiction also extended to indirect expropriation
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Tribunal accepted claimants’ bid to add Ghana as a respondent
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Tribunal upheld jurisdiction over expropriation, but declined jurisdiction over denial of justice and human rights claims
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ICSID Secretary-General served as appointing authority following Ghanaian default
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Case arose from stop-work order issued against resort development project in Accra, and subsequent deportation of claimant
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Tribunal hinted at potential inter-state negotiations over temporal jurisdiction
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Compound interest added to compensation; costs split evenly
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Lost profits awarded, but tribunal disputed claimant’s figures
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No failure to mitigate losses
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Fork-in-road clause applies only to disputes about BIT obligations
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Egypt’s seizure and auction of ship was expropriation; notification did not comply with domestic law
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Import ban was an expropriation; compensation depended on exact licence duration
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Other claims dismissed
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Dispute stemmed from cement import ban and later seizure of claimant’s ship
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On quantum, DCF is discounted as too speculative
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Objection to the state’s responsibility is not the same as saying there is no dispute
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Tribunal interprets “article 25(2)(b)” BIT clause
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Time-bar under domestic law not a hurdle
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Egypt also unlawfully expropriated the claimant’s investment
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