Background: Carlyle submits that Morocco wrongly seized the claimants’ commodities during the insolvency proceedings of a third party

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Background: investor signs a contract to supply heating to Latvian municipality, but is soon caught between rising gas prices and regulated tariffs

Arbitrators are reluctant to grant a full stay, and offer different options to the parties

Kuwait may face constraints on its ability to participate in the arbitration, but full suspension is inappropriate

Eviction is unlikely

Tribunal balances the urgency of the provisional measures request against the procedural hardship endured by Kuwait due to the pandemic

Jurisdictional requirements under the BIT and the ICSID Convention and procedural laws of Kuwait are irrelevant to the issue of joinder

A joinder implies a “modification” to the arbitration agreement; the application cannot proceed without the consent of all parties

ICSID Convention does not address the joinder of third parties

Dissatisfaction with consel’s performance has impact on costs

No tax gross-up, and no order for Spain to undertake to hold claimants harmless

Majority awards 50% of costs to claimants, while Spain is made to bear arbitration costs

Spain should compensate for sums withheld from monies due to the 10 plants

Interest in line with 10-year Spanish bonds

Claw-back breach is limited to plants specifically mentioned by claimants

Tribunal cannot reconsider past findings, except in exceptional circumstances

Rates identified in the decision on liability cannot be varied at this stage

Tribunal agrees to address ratione temporis and abuse of rights objections in jurisdictional phase

Tribunal declined to order bifurcation of the two remaining objections, but it invites the claimants to consider whether they prefer that all preliminary objections be addressed together

Jurisdictional objections require a different approach

Party requesting bifurcation must demonstrate that an objection raises a “serious issue to be determined on the basis of the materials currently before the tribunal”

Tribunal decides to bifurcate ratione materiae objection

Tribunal criticizes the three-prong Philip Morris v. Australia test

Arbitrators adopt bespoke bifurcation test

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