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Only half of legal costs shifted to respondent despite overall win, given poor case conduct
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Mere allegations of reputational harm insufficient for moral damages
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Interest based on local conditions is reasonable
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Investor can be compensated for loss in local currency value
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No pecuniary penalty under international law
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Alleged admission of illegality took place in context of negotiations, and is not binding on tribunal
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Transfer complied with Algerian law; state’s interpretation of its own law would conflict with BIT
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Dividends from subsidiary of local subsidiary are covered by free transfer guarantee
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Free transfer is a fundamental investment protection guarantee
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BIT does not extend to counterclaims by host state, especially not counterclaims under domestic law
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Central Bank qualifies as de facto state organ, even if de jure independent from the state
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Lack of arbitrability under Algerian law irrelevant to tribunal’s jurisdiction
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Investor was not required to be Swiss at time of investment
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Dispute arises directly out of the investment at stake
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Alleged illegality is not demonstrated
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State is estopped from relying on alleged illegalities that it has long tolerated
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Legality requirement can be implicit, but only illegalities affecting the making of the investment are relevant at the jurisdictional phase
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Acquisition of MTA by local subsidiary was part of claimant’s investment, seen as a whole
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Duration and risk criteria are met; contribution to the host state’s economic development evidenced by strong tax receipts
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“Substantial” contribution can be non-monetary in nature
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Tribunal clarifies legal grounds invoked by investor
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Provisional measures sought are not necessary, proportional, or urgent
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Bifurcation would not enhance procedural efficiency
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Background: Dividends from successful shipping venture cannot exit Algeria
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