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Investor hit with US$3 million costs order, but some of state’s costs rejected as disproportionate
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Tribunal views sanctuary as an investment because it was acquired with expectation of profit
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Tribunal chooses substance over form; finds valid ownership of investment despite incomplete and conflicting documentation
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Tribunal finds one claim not time-barred, postpones determination of another
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Separate opinion agrees that the claimant’s good faith conduct allows the tribunal to overlook certain failings
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Investment still operated for limited purposes; no ‘substantial deprivation’ for expropriation
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Claimant says legitimate expectations affected by state’s international environmental obligations
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Tribunal considers environmental obligations potentially relevant to ‘full protection and security’ standard
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Parties dispute facts of environmental degradation at the sanctuary site
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No specific representations found, and no reliance anyway
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Tribunal sees no evidence of environmental damage over the investment timeframe
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Tribunal finds that claimant’s non-compliance with Barbados’ exchange control laws is a merely ‘technical’ breach
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