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Newly unearthed arbitral award finds breach of customs stabilization law
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The tests for interim measures
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Dispute centers on central bank’s effort to oust Kompozit and others as shareholders of a local bank
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2010 EA rules apply to 1998 BIT
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Cooling off period not applicable since respondent did not engage with offer to negotiate
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Arbitrator sees prima facie indication that applicant is protected investor with a protected investment
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Some orders are warranted, others are not
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Significant or substantial prejudice test vs. irreparable harm test?
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Proportionality
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BIT reference to Stockholm arbitration should be read as arbitration under the most-recent such rules (which include emergency arbitrator provision)
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Situation is different from that seen in other cases such as Paushok v. Mongolia and Chevron v. Ecuador
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Threat to future ability of arbitrators to issue an “enforceable” award is also doubted
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BIT’s Cooling-off period does not hobble application
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Arbitrator sees prima facie indication that applicant is protected investor with a protected investment
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Applying the tests, arbitrator does not see harm that could not be repaired by monetary compensation
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ANALYSIS: comparing the ruling with the earlier emergency decision in TSIKinvest v. Moldova
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Dispute centers on central bank’s effort to oust Evrobalt as shareholder of a local bank
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The tests for interim measures
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Investor disclaims need to comply with BIT waiting period for emergency orders
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Emergency arbitrator found ‘reasonable possibility’ of success on merits, justifying order
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Arbitral costs imposed on unsuccessful claimant, but no order on state’s legal fees
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Arbitrator disagrees with previous jurisdictional finding in separate case
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Contract rights consequently rejected
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Interest-free loans held too small to count as investments
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