Committee orders claimant to bear all costs

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Committee fails to find manifest excess of powers in decision that Settlement Committee was not a judicial body

Tribunal’s decision on effective means standard and majority’s decision on compensation are not manifestly erroneous

Manifest excess of powers standard requires clear, obvious, or self-evident excess

Background: Dispute over cement plant project leads to award that finds breach of effective means but declines to award damages; investor files for annulment

Background: claimant’s natural gas liquefaction plant is insufficiently supplied

Claimants should have been awarded damages and costs, according to Mr. Brower

Local courts should have upheld ACC’s licensing and gas stoppage claims

Majority should have stepped into the shoes of local courts, so says the dissenter

Effective means protection extends to Settlement Committee, according to Mr. Brower

Dissenter criticizes majority for putting form over substance

Costs are split

Tribunal sees no denial of justice, despite inefficient and “time-consuming” court proceedings

No damages are owed since underlying acts did not breach the BIT

Tribunal finds failure to provide effective means, but no denial of justice

No requirement to exhaust local remedies before bringing effective means claim

Effective means protection is imported through MFN clause

Due diligence not particularly relevant – but it was insufficient

Majority outlines narrow interpretation of legitimate expectations – and sees no breach

Change in market conditions is rarely a treaty breach

Gas stoppages and shortages were not in breach of FET

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