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Tribunal had jurisdiction to rule on damages claims despite role of third-parties in the dispute, as well as to rule on governance issues
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Tribunal did not exceed its mandate since correction related to a genuine mathematical error
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Correction is granted, shaving nearly 20 million USD from MRS Holdings’s compensation
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Costs are split, given split outcome
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Both claims and counterclaims are made out, but for lower sums than claimed by the parties
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Lex mercatoria is not applicable absent explicit choice
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Dispute falls within the scope of the arbitration agreement; local proceedings are irrelevant
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Reference to ICC arbitration can be discerned behind mention of “arbitral Court in Paris”
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Arbitration agreement is not pathological for lacking procedural details
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Lex arbitri governs validity of arbitration agreement
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Preserving the status quo does not mean greater rights for claimant
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Measures aimed at collecting evidence should be cost-effective
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Measures mirroring final remedy on the merits can only be granted in exceptional circumstances
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Prima facie jurisdiction and case on the merits are met
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Test for provisional measures includes prima facie case on the merits
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Background: Downstream oil joint-venture leads to ICC claims
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Jurisdictional objection is rejected as pertaining to the merits
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No counterclaims where the government also renounced the agreements; tribunal has no jurisdiction to liquidate domestic joint-venture
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Claimant cannot claim non-performance of agreements that it had repudiated itself
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Claimant is estopped from raising alleged breaches
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Dissenter protests unnatural and unreasonable interpretation
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No need for express agreement to ICSID arbitration
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Similar regional codes support this interpretation
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Parties diverge over whether there was need for explicit consent
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