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Legal sources invoked by the tribunal were debated by the parties
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State was offered chance to brief tribunal on impact of claimant’s liquidation
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Weighing of evidence is within the tribunal’s remit and can’t be second-guessed at set-aside stage
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No breach of procedural international public policy, as claimant could be represented without participation from liquidator
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Impact of award on international public policy is determined at the time of judgment
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Striking out of claimant from local registry did not mean it lost standing in set-aside proceedings
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Background: Community protests against landfill project sunk waste management concession
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Plaintiffs allege RICO violations by their former counsel
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Mr. Corsini claims that counsel coerced him into giving false and misleading testimony at arbitration hearing
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Action reveals that ICC tribunal ordered disclosure of third-party funder
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Background: Power plant investment leads to arbitral dispute that eventually favors the state entity
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International trend pro-arbitration assists in finding consent under concession contract
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Jurisdiction upheld over BIT claims
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State was free to debate claimant’s subsidiary claim
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References to European Convention on Human Rights are illustrative, not an excess of mandate
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No interference with Senegal’s internal affairs
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Substantive denial of justice finding stands, as tribunal did not act as an appeal court
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No international public policy breach as claimant’s conviction is not recognised under French law
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Impartiality needs to be evidenced from precise elements in the award’s terms or structure
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Arguments as to alleged partiality of tribunal’s chair are inadmissible as they were waived
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Attributability is a matter for the merits, outside the court’s scope of review
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Court can’t review tribunal’s findings on illegality
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BIT covers indirect investment; extent of the compensation due is a matter for the merits
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No need for flow of capital between France and Senegal for investment to qualify under the BIT
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