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Dissenter considers that majority ignored BIT-specific test for the qualification of investments
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Respondent’s “reprehensible” attitude towards the claimant on the ground, and its lack of participation in arbitral proceedings, warrant splitting arbitration costs
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Arbitral award may qualify as protected investment, but only if it relates to existing investment
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Ordinary transaction to acquire goods does not amount to a protected investment, nor do the guarantees associated with it or the goods themselves
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Tribunal needs to ensure that is has jurisdiction despite respondent’s non-participation
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Background: Claimant lodges ICSID AF case after Tajikistan fails to honour cotton purchase contract and resulting commercial award
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