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Early dismissal is in the interest of good administration of justice
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Tribunal finds that interplay between various instruments is insufficient to provide access to ICSID arbitration
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Law ratifying Iraq’s accession to the ICSID Convention does not offer an avenue of consent to ICSID arbitration
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Despite claimant’s withdrawal of the Erbil plant claim, tribunal rules that claim under Kurdistan’s Investment Law manifestly lacks legal merit
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2006 Investment Law read together with other instruments is also insufficient to establish consent to ICSID arbitration
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2006 Investment Law does not in itself contain the state’s consent to ICSID arbitration
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Argument that the Rehabilitation Contract contains Iraq’s consent to ICSID arbitration is manifestly without legal merit
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Tribunal majority concludes that MFN detour argument is manifestly without legal merit
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Arbitrators see several other reasons to deny the MFN detour argument
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<em>Ejusdem generis</em> principle also prevents MFN detour
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The Iraq-EU Cooperation Agreement cannot provide an MFN detour to jurisdiction, considering that it expressly excludes investor-state arbitration
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Germany-Iraq BIT never entered into force; ratification law cannot be construed as a unilateral act or declaration containing an offer to arbitrate
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A lack of legal merit can be “manifest” despite the intricate nature of the parties’ legal arguments
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Standard under Rule 41(5) remains unaffected by alleged egregious nature of respondent’s conduct on the merits
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Background: Investment in cement and pipe plants are taken over by armed forces
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