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Parties are already obliged to pay costs, no need to order them to do so
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Several earlier provisional measures requests by claimant were targeted at preserving evidence held by BFT – particularly as state contemplated a sale
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Share of costs as set by ICSID is only temporary and cannot be enforced
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Arbitrators see no change of circumstances that would warrant new measures (apart from those already granted in 2008)
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ABCI tries to seize assets in France, prompting Tunisia to ask for relief
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Parties cannot enforce in domestic courts rights that are still contested in the arbitral proceedings
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Attachments would violate article 26 and Tunisia’s due process rights
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Tunisia’s compliance with past provisional measures was at issue in renewed request by claimant
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Tribunal declined in 2014 – and again in 2017 – to order halt to Tunisian criminal proceedings
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Criminal proceedings are concerned with matters outside of the tribunal’s jurisdiction
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Dissenter sees no jurisdictional ground under domestic law absent express consent from the investor
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Tunisia consented to ICSID arbitration in 1969 law
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Once covered by the 1969 law, the parties are deemed to have consented to arbitration
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Tribunal confirms there is a dispute between the parties, over an investment
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Jurisdiction ratione personae was also lacking, as tribunal side-steps abuse of process arguments
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BIT too recent to ground jurisdiction over the case; MFN argument does not assist investor
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ABCI invested in Tunisia in 1982, only to renounce seven years later
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