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Tribunal downplayed precedential value of Maffezzini v. Spain ruling
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Tribunal refused to suspend proceedings
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Tribunal emphasised the importance of ECT consent to investor-state arbitration
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Claimant validly consented to ICSID arbitration
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Arbitrators found that denial of benefits was not a jurisdictional issue
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Claimant had no substantial business activities in Cyprus
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Tribunal eschewed deciding ownership and control over claimant
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ECT required states to exercise denial of benefits
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ECT object and purpose militated against retrospective denial of benefits
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Tribunal required “clear and unambiguous” intent for applying MFN clause to dispute resolution
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Plama had made an investment under the ECT; other jurisdictional requirements were also met
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Background to the dispute
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ICSID case registration did not exclude BIT application
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On jurisdiction, tribunal followed Oil Platforms test
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Merits claims in Plama v. Bulgaria fail; investor complained of environmental and tax liabilities, and worker “riots”
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Worker “riots” and tax claims also rejected
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