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A claimant can qualify as investor under the BIT by controlling the investment through a company incorporated in a third country
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Costs were split; one arbitrator refuses to sign the award
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Respondent’s participation in the proceedings does not imply recognition of the jurisdiction of the tribunal
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Arbitration clause in the bank’s purchase contract not a hurdle to the tribunal’s jurisdiction
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Tribunal clarifies who are the parties to the arbitral proceedings
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Claimant is not true owner of the investment
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Domestic laws dictate that claimant cannot impose its corporate structure choices on Uruguay
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Mr. Benhamou’s multiple attempts to acquire the BPA
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After challenge fails, claimant expresses a “reservation” about arbitrator – but tribunal considers that this gesture has no effect on arbitral proceedings
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Challenge to public servant appointed as arbitrator was untimely
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Both parties question parts of the evidentiary record
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Arbitrators decline to suspend proceedings so that contracting parties might explore a binding interpretation of the concept of “companies”
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