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The claim was neither an attempt to enforce the ICC award, nor an abuse of process
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Tribunal saw no requirement to exhaust local remedies for jurisdictional purposes under the ICSID Convention
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Acts of Bangladeshi courts were attributable to Bangladesh; attribution of Petrobangla’s acts to the state was deferred to the merits stage
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Judicial acts are capable of constituting an expropriation
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Commercial award crystallized contractual rights, and qualified as protected investment under the BIT
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Dispute regarding the ICC arbitration arose directly out of the overall investment
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Tribunal decided that BIT did not contain any origin of funds requirement, and found that Salini test was satisfied
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Tribunal saw a legal dispute, regardless of alleged lack of clarity in Saipem’s claim
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Tribunal elaborated on prima facie test and standard to decide jurisdiction
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Reference to “property” in BIT’s definition of “investment” did not imply that Bangladeshi law was applicable to jurisdictional questions
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Tribunal noted that there is a duty to consider earlier cases
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Background: Saipem alleged that Bangladesh had failed to pay for a pipeline construction project
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Tribunal says that a finding of expropriation for abuse of rights by courts does not require an investor to exhaust local remedies
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Abuse of rights by courts amounts to an unlawful taking
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The Bangladeshi courts overstepped their authority and abused their rights
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Saipem’s investment in Bangladesh
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The ICC arbitration
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