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Tribunal chair defends decision on jurisdiction and interpretation of Article 25(2)(b)
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Applicable law is Senegalese law
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On the merits, wrongful termination is compensated
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Establishment Agreement implicitly encompasses earlier contracts
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Claimant’s imprudence should not be compensated by respondent
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Investors were contracted to build 15000 units of low-cost social housing
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Contract might be void under local law, but state did not raise that argument
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Senegal contests jurisdiction over claimant owned by Panamanian shell entity
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Foreign control under article 25 can be indirect
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Senegal’s objection under article 25 is debated anew by dissenter
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Test for nationality under domestic investment statute comes from relevant BIT, not general international law
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Unclear whether GATS even relates to arbitration; trade and investment law have followed separate paths
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Investors ordered to bear state’s costs
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Tribunal sees no clear and unequivocal consent from Senegal via GATS
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GATS might impose obligation to consent to arbitration, but does not contain any actual consent, tribunal finds
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No Luxembourg-Senegal BIT, so claimant cites MFN obligations in GATS instead
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Tribunal leaves novel jurisdictional issues for later determination
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Senegal pleads international obligations on corruption to justify measures
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Nationality issues give rise to claimed role for GATS in an ICSID proceeding
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Corruption investigations led to asset confiscations and corporate administration proceedings
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Provisional measures sought to suspend administration and confiscations
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Tribunal sees no necessity where harm can be repaired via damages
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MFN clause in GATS allows Luxembourg investor to rely on arbitration clause of Netherlands-Senegal BIT, claimants say
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Claimants say provisional measures are necessary and urgent
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