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Under Ukrainian FIL, BIT took precedence over domestic law
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Each party bore its own costs; Ukraine paid for failed arbitrator challenge
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Compensation almost doubled with compound interest
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Alpha was awarded significantly less than claimed
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Tribunal made short work of several jurisdictional requirements
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Claimant’s investment was protected under BIT
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Tribunal rejected Salini criteria, deferred to BIT parties on ICSID Convention meaning of “investment”
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Tribunal recognized “joint activity” between Alpha and hotel, but modified Alpha’s rights under domestic law
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Claimant qualified as investor
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Umbrella clause held inapplicable where state was not party to contract; no breach of national treatment
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Alpha’s investment was expropriated
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Failure to observe Alpha’s legitimate expectations was FET breach
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Despite no “smoking gun”, tribunal deemed Ukraine responsible for stop in payments
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Investment in state-owned hotel failed after relationship broke down
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