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Flaws in claimant’s expert report lead to lower compensation
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Tribunal declines to order state to publish statement absolving claimant
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Allegations of damage to reputation are difficult to establish, especially when record is muddled
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Tender rights can be expropriated
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No other bidder had received treatment similar to that of the claimant, evidencing discrimination
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Political interferences with award of contract breached claimant’s legitimate expectations that tender process would be carried out fairly
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Alleged corruption is unproven, as local acts of bribery cannot be traced back to the claimant
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Local entity is covered by the BIT as it relates to the dispute, even if impugned conduct did not affect it directly
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Salini test is unhelpful in context where main question is whether claimant acquired rights protected by BIT
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Since tender winner would under normal circumstances have been awarded a contract, tribunal finds qualifying investment under the BIT
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Tribunal can assess weight to be given to expert report
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PCA Secretary-General declines to rule on Kyrgyzstan’s objections to jurisdiction
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Background: Claimant wins tender for e-passport services, but no contract is ever signed after competitors complain, and allegations of corruption are aired
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Costs are reserved
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Tribunal dismisses inadmissibility objection, seeing no evidence that the claimants had acted as agents of Uzbekistan
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Zachary Douglas would have declined jurisdiction under the BIT, seeing no state consent to ICSID AF arbitration
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Question of consent to ICSID AF Rules is a matter of jurisdiction, unaffected by ICSID Secretary General’s screening powers
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Majority looks at ICSID’s structure and contracting parties’ “genuine intention” to find state’s consent to arbitration under ICSID’s AF Rules, despite BIT’s lack of reference thereto
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Uzbek state’s diplomatic note qualifies as “written request for consultations”
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Purpose and context of the FIL show that “investment disputes” should be defined broadly
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Tribunal considers Russian text of FIL, despite acknowledging the Kyrgyz version as the original, adopting broad definition of the expression “investment dispute”
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Asymmetrical relationship between investor and the state does not alter the fact that the state may provide unilateral offer to arbitrate in its law
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FIL contains Kyrgyzstan’s unilateral offer to arbitrate
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Unilateral offer to arbitrate in FIL is of hybrid nature, mandating interpretation under both domestic and international law
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