Committee clarifies standards of annulment

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No requirement of contribution to economic development

Committee bound by factual findings of tribunal

Only awards can be annulled – not provisional measures orders

Bolivia to pay costs of arbitration, but not claimants’ legal fees

Disqualification decisions are not reviewable

Binding character of provisional measures is debatable

Tribunals can recommend measures related to criminal proceedings

Tribunals have discretion to value damages – and to mix valuation methods

Majority did not breach a rule of procedure in striking its own course

Committee’s role is merely to verify that tribunal’s reasons can be followed

Balance of prejudice to the parties in continuing the stay leads the committee’s reasoning

Subsidiary request for bank guarantee is rejected

Annulment proceedings started in good faith

Criminal proceedings that Bolivia had maintained – in defiance of an earlier procedural order – are deemed irrelevant to the question of a stay

Claims are not premature – indeed “fork in road” provision could have precluded later recourse to arbitration if domestic action had been pursued first

Tribunal says some types of satisfaction as a remedy are not transposable to investor-state disputes, but it has power to make a declaratory judgment

No grounds to order declaration on the facts

Each party left to bear legal fees, while claimants to be reimbursed for some arbitral costs

No moral damages absent evidence of a “specific moral injury”

Public Purpose of expropriation not to be confused with police powers exception

Post-award compound interest granted, despite prohibition in Bolivian law

Dissenter would use date of expropriation as basis for damages calculations in both lawful and unlawful scenarios

Brief export ban not relevant factor for valuation

Due process also not present – either per international law or Bolivian law

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