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“Origin” of the investment was relevant for the tribunal’s analysis of the investor’s contribution and risk
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Tribunal only sought to interpret the term “siege social”, not to add additional jurisdictional requirements
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Even if tribunal made some mistakes, this does not warrant annulment
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As long as one of the tribunal’s interpretations is tenable, award cannot be annulled
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Parties must jointly ‘contribute to the search for truth’, each proving certain facts
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Nationality under ICSID Convention determined via same domestic law tests
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Luxembourg law governs determination of siège social
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Dissenter ties siège social directly to statutory seat, and sees no abusive conduct
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Arbitral costs placed on unsuccessful claimant, but no order on legal costs
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Tribunal finds abuse of right in reviving dormant company after dispute arose
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Dissent hews more closely to Tokios majority, rejecting ‘origin of capital’ inquiry
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Tribunal lends support to ‘origin of capital’ approach, treating allegedly foreign investment as purely domestic, with no contribution by Luxembourg claimant
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Domestic law provides for deeper inquiry into place of effective management, majority says
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Same result would apply even if siège social was autonomous term of international law
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On an overall assessment, claimant’s siège réel – and therefore siège social – is not in Luxembourg
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Investor legality clause can’t be implied into BIT
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