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Public statements about Turkmenistan do not meet threshold for disqualification
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Alleged personal connections with Turkmen officials are unsubstantiated
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Concurrent appointments as arbitrator and expert for the same party in cases involving the same counsel carries an inherent risk of ex parte communications
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Legal standard under ICSID Convention requires obvious appearance of lack of independence or impartiality; standards in UNCITRAL Arbitration Rules, IBA Guidelines, and Code of Conduct are not binding, but may provide “useful guidance”
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Disqualification proposal was submitted in a timely fashion
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Background: Claimant lodges construction-related claim against Turkmenistan, and challenges respondent’s replacement appointee
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Indirect expropriation requires sovereign act and substantial deprivation
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MFN clause is of limited scope, and does not allow the claimants to import more favourable standards of protection
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Existence of customary international law rights does not create a separate cause of action
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A number of contested measures did not entail any sovereign conduct
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Nature of the issue to be decided dictates the applicable law
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While some acts “may have had no justification”, no indirect expropriation is established
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Proceedings address third-party funding, security for costs, and reconsideration request
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Exercising its “absolute discretion” in the matter, the tribunal declines to award costs
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Preamble does not contain any binding obligation
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Tribunal’s jurisdiction over Turkmenistan’s counterclaims is “moot” in absence of jurisdiction over contractual claims
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Certain state-owned entities are found to be de facto state organs, but two banks are not
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Other impugned conduct amounted to legitimate exercise of regulatory authority
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No attribution based on state control
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No jurisdiction over claims related to “contract performance issues”
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Tribunal sees no evidence that claims were assigned to third-party funder La Française
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Concept of “procedural expropriation” does not exist
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A series of increasingly large construction contracts concluded with state-owned entities qualifies as an investment under both the BIT and the ICSID Convention
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Background: Investor lodges ICSID claim over treatment of numerous large-scale construction contracts
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