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One of two leases does not fall under tribunal’s jurisdiction
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Claimant’s loss is mostly of its own making
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National treatment claim is unsubstantiated also
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Creeping expropriation claim rejected and post-termination events are not relevant as investment no longer existed at that stage
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Tribunal sidesteps whether measures must be proportionate
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Minimum Standard is not akin to ordinary Fair & Equitable Treatment
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Harassment & vandalism claims fall; tribunal sees scope for good faith prosecution of investor, even if courts ultimately dismiss such charges
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Environmental provisions “qualify” the protection owed to investor?
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Tribunal declines to attribute OMCO’s conduct to government
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Quarrying project lay at root of case
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