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Tribunal sees abusive behavior, but no ground for moral damages
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Foreign investor’s repackaging of a domestic claim falls afoul of temporal jurisdiction requirements
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Abuse of process found
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Tribunal also finds that “narrow door” provided by arbitration clause offers no consent to arbitrate disputes over alleged expropriation
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Tribunal would be prepared to let claimant come to arbitration without first litigating in local court, but the claimant failed to demonstrate the futility of suing in Bulgaria
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Personal jurisdiction is found; material jurisdiction is found, but investment at center of dispute is deemed exceedingly slim
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MFN clause did not expressly indicate whether it applied to dispute settlement
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For benefit of those who might see ambiguity, the tribunal adds that recourse to supplementary means of interpretation also reinforce its preferred reading of MFN clause
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Tribunal’s own reading of the ordinary meaning dwells on the fact that the most favourable treatment owed is treatment “in the territory of” the host state
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Factual and Legal Background
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Court waves off claimant’s belated attempts to portray Prof. Stern as biased
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German Court unmoved by allegation of an issue-conflict
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Court’s judgment reveals that arbitrators viewed claim as abusive
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Court dismisses objections to enforcement, including alleged failure to treat parties equally
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Declining to act as a full appellate court, the court sees no seriously arbitrary or unfair behavior on part of arbitrators, including in relation to non-application of MFN clause
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Court sees no over-stepping of boundaries by tribunal when it issued a costs award and opted to shift costs onto claimant
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