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Claimant seeks to use MFN clause to broaden BIT’s ISDS clause and alleges various other BIT breaches
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Sanctions had “catastrophic consequences” on claimant’s business, amounting to unlawful expropriation
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Claimant submits that he repeatedly sought to resolve the dispute, but EU Council renewed his sanctions designation despite contrary decision from EU courts
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Mr. Fridman argues that Luxembourg cannot hide behind the EU, as the respondent was actively involved in adoption of sanctions that substantially deprived claimant of his investment’s value
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Claimant states he created a successful business conglomerate, which eventually had Luxembourg as its “nerve centre”
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Dissenting arbitrator would have allowed the claims to proceed to merits
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On costs, tribunal saw no authority to order Russia to pay advances, and ultimately departed from the “costs follow the event” approach
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Fraud allegations were rejected
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Majority saw no common intention by BIT parties to extend MFN clause to dispute settlement
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Majority held that MFN clause relating to “all matters” could not be understood literally
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Tribunal majority adopted restrictive approach to extending MFN clause to dispute settlement
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Claim was not within scope of BIT’s arbitration clause
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Majority found that the BIT did not cover indirect investments
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Majority distinguished previous decisions on indirect investment
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Claimants’ shares in BI were not investments in Russian territory
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The claimants were “investors” under the treaty
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No failure to comply with the pre-arbitration procedure
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Jurisdiction was primarily governed by the BIT; case law has persuasive authority
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Dispute over the renovation of Russia’s Supreme Court building led to BIT claim
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