Expropriation — Taking of property — Contractual rights — Company entitled to share in profits from hotel — Whether takeover of hotel a taking of rights under the contract — Whether causing loss — Principles of international law regarding expropriation — Concept of acquired rights — Due process Measure of compensation
Nationality — Companies — Corporate group — Company investing in foreign State — Wholly —owned subsidiary incorporated in State of investment Whether treated as foreign business for purpose of international law — Parent company’s existence determined by law of State of incorporation
State responsibility — For injury to aliens — Duty to protect aliens — Duty to protect from arbitrary action by officials — State responsibility for judicial acts — Whether limited to cases of denial of justice
Treaties — Interpretation — Principles of interpretation — Good faith — icsid Convention — Whether principle that arbitration provisions should be restrictively interpreted
Jurisdiction — Of arbitration tribunal — Arbitration clause in contract between government and company — Whether clause to be restrictively construed — Standing of claimant company — Corporate group — Which company within group entitled to initiate arbitration proceedings
Applicable law — International law — Sources of international law — Equity Whether part of international law — Distinction between equity and power of tribunal to decide ex aequo et bono
Arbitrators — Disqualification — Arbitrator appointed by party to arbitration — Previous connection with party — Whether grounds for disqualification Duties of party appointed arbitrator
Damages — For expropriation — Measure of damages — Contractual rights Damnum emergens — Lucrum cessans — Methods of valuation — Discounted cash flow method — Access of company to daily cash flow generated by business subject to fiduciary duties — Effect on compensation
Provisional measures — Grounds on which provisional measures will be ordered — Publication of information concerning case — Intention of publishing party — Whether aggravating or exacerbating legal dispute Whether rendering solution of legal dispute more difficult
Annulment — Grounds for annulment — Failure to decide all the questions referred to the tribunal — Failure to state reasons on which award based Consequences of partial annulment — Resubmission of case to new arbitration tribunal — Whether those parts of first award which are not annulled constitute res judicata — Jurisdiction of tribunal on resubmission of case.
Annulment — Challenge to award of arbitration tribunal — Reference to ad hoc Committee — Effect of partial annulment — Resubmission of case to new arbitration tribunal
Applicable law — Proceedings for annulment of award — Law governing annulment proceedings — Principles and rules of treaty interpretation generally recognized in international law
