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Costs are split, with tribunal indicating that better communication between the parties could have avoided costs and uncertainty

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Tribunal declines to decide whether another arbitral forum is available under the BIT; in any case, the lack of an arbitral forum does not justify upholding jurisdiction in the investors-state context

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Arbitrators lack power to rule on jurisdiction of hypothetical IACAC tribunal

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UNCITRAL Rules are not a treaty, while UN Charter does not govern the constitution of arbitration tribunals

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While PCA is administering the case, this does not imply that the tribunal was formed by virtue of the 1899 The Hague Convention

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Arbitrators interpret Article 11(4) of BIT as requiring separate treaty between Bolivia and Peru that contains rules on constitution of investor-state tribunals

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Procedural Agreement did not contain parties’ separate consent to arbitrate BIT dispute under UNCITRAL Rules

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Claimants did not act in bad faith by relying on Procedural Agreement

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Bolivia did not act in bad faith or an abusive fashion when raising ratione voluntatis objection despite having caused claimants to discontinue IACAC case

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Each party bears burden of proving its own factual allegations, even on jurisdiction

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No need to address other objection if ratione voluntatis objection succeeds

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Two preliminary objections are bifurcated

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Claimants lodges IACAC arbitration, but later re-files case under UNCITRAL Rules pursuant to Procedural Agreement with Bolivia

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Background: Expropriation of cement company and delays in payment of compensation lead to BIT claim

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