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Uruguay submits that the disqualification proposal is solely based upon the “direct personal experience” of Italba’s counsel, and therefore inadmissible
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Unchallenged members reject Mr. Bottini’s challenge, but ask for future disclosures
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Mr. Bottini submits that “advising” States may include “advocating” on behalf of States
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Challenge is based on Mr. Bottini’s behavior in previous Saint-Gobain v. Venezuela case
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Behavior by Italba’s counsel in previous case is relevant to deciding Mr. Bottini’s challenge
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ICSID Convention requires ad hoc committee members to be both independent and impartial
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Tribunal applies “cost follow the event” approach and orders the claimant to bear all costs
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Tribunal finds that Italba failed to prove that it owned Trigosul
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Arbitrators also decided that Italba failed to prove that it controlled Trigosul
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Arbitrators reject challenge of Uruguay’s expert
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Tribunal admits non-disputing party brief by the US and refuses to enjoin local criminal proceedings
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The respondent’s agreement to join its jurisdictional objection to merits phase is sufficient to establish prima facie jurisdiction
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No need for the tribunal to decide on the claimant’s request for temporary relief
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Decision on costs reserved for final award
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Tribunal puts weight on Uruguay’s undertaking not to undermine the claimant’s ability to present its case
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Tribunal lacks authority to enjoin Uruguay from conducting a criminal investigation; no bad faith on part of the respondent
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The claimant’s rights in the arbitration, status quo and tribunal’s functions not threatened by criminal proceedings
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