Petrobart Limited v. Kyrgyz Republic

Abstract

Jurisdiction — Procedure — Agreement between the parties not to raise further objections — Objection subsequently made — Whether merits of objection requiring consideration by Tribunal

Jurisdiction — Provisional application — Treaty provisionally applied by State including to a specified external territory — Subsequent instrument of ratification not extending to the external territory — Provisional application not expressly terminated for the territory — Whether treaty continuing to apply provisionally

Jurisdiction — Domestic proceedings dealing with domestic law claim — Whether principles of res judicata or collateral estoppel applicable to related but distinct treaty claim

Jurisdiction — “Investor” — “Investment” — Whether right conferred by contract to undertake economic activity an investment

Fair and equitable treatment — Transfer of assets of State organ to detriment of investor — Government intervention in enforcement proceedings to stay execution — Whether fair and equitable treatment — Whether violation of obligation to provide effective enforcement of rights

Expropriation — De facto expropriation — Measures not directed at transfer of value of investment

Remedies — Compensation — Contract no longer being performed — Whether specific performance practical — Damages for payment for delivered goods — Lost profits — Outlays and expenses — Costs — Interest