Arbitration — ICSID Convention, Article 41 — Duty of tribunal to judge its own competence

Provisional measures — ICSID Convention — Article 47– Right to access international adjudication — Whether right can be constrained by decision of national court

Procedure — Disqualification challenge to arbitration tribunal member — ICSID Convention, Article 57– ICSID Arbitration Rules, Rule 9(4)

Arbitrators — Composition of arbitration tribunal — Disqualification challenge to member — Impending publication by member on issues raised in claim — Continuing retainer of member’s law firm by United Mexican States — Appointment of member’s law firm in unrelated NAFTA case in which counsel for Respondent was appointed President of Tribunal — No facts to lead to reasonable inference that member will favour Respondent on basis of an understanding between member and counsel for Respondent — Challenge rejected

Interpretation — ICSID Convention, Article 25(1) — Interpretation of “investment” — Distinguishable from an ordinary commercial transaction

Treaties — Bilateral investment treaty — Investment broadly defined under treaty — Whether contract involved a “claim for money” — Whether contract in the nature of a public law concession

Jurisdiction — Characterization of claims — Degree of scrutiny in jurisdictional phase of Claimant’s claims — Claims relating to breach of contract and breach of treaty

Jurisdiction — Forum selection clause — Contractual arbitration clause covering all disputes arising from the contract — Relation to bilateral investment treaty and ICSID arbitration — Whether claims relating to breach of contract and breach of treaty are distinct — Whether contractual arbitration clause includes jurisdiction over treaty claims — Whether ICSID has exclusive jurisdiction over breach of treaty claims — Whether ICSID has concurrent jurisdiction over breach of contract claims

Treaties — Bilateral investment treaty — Interpretation of Article 11 of Pakistan — Switzerland BIT — Whether elevating alleged contractual breaches into treaty violations — Consequences of such an interpretation — Whether clear evidence existed of an intention to produce such consequences

Jurisdiction — Estoppel — Absence of a “fork-in-the-road” provision — Whether the Claimant had made similar claims in another forum — Whether the Claimant had held out that it would not make similar claims

Jurisdiction — Waiver — Submission of claims to another forum — Whether submission was reserved — Delay in raising possibility of ICSID arbitration

Jurisdiction — Lis pendens — Whether causes of action identical

Jurisdiction — Requirement to consult under bilateral investment treaty — Whether a condition precedent to jurisdiction

Jurisdiction — Terms of contract — Whether tribunal can decide factual issues with respect to the contract which is subject to another body’s jurisdiction — Relationship between contractual claims and treaty claims — Distinct nature of international law standards

Arbitrators — Composition of tribunal — Challenge to President of ad hoc Committee — Procedure for challenging members of ad hoc Committee — ICSID Convention, Article 53(4) — Validity of Arbitration Rule 53

Arbitrators — Composition of tribunal — Challenge to President of ad hoc Committee — Connection between President’s law firm and related company of Claimant — No personal involvement of President — No general retainer — Partner’s legal advice on matters unrelated to dispute before the Committee — Work substantially complete before commencement of proceedings — De minimis rule — Challenge rejected

Jurisdiction — Relation between concession contract, bilateral investment treaty and icsid Convention — Dispute with provincial authorities relating to investment contract — Investment contract providing for exclusive jurisdiction of provincial courts — Whether precluding claim under treaty

Jurisdiction — State responsibility claim against Argentina arising from conduct of provincial authorities — Non-designation of province under icsid, Article 25 — Article 25 irrelevant to treaty claim

Treaties — Bilateral investment treaty — Argentina–France bilateral investment treaty, Article 8(2) — “Fork in the road” provision — Relevance to Tribunal’s jurisdiction over treaty claim — Relevance to merits of claim

Annulment — Annulment proceedings — Claimant seeking partial annulment of decision on merits — Respondent seeking in the alternative annulment of whole award — Admissibility of Respondent’s claim — Whether a “counterclaim” — Power of ad hoc Committee to determine extent of annulment — Respondent’s arguments admissible

Annulment — Annulment proceedings — Tribunal finding that federal authorities did not fail to assist in resolution of provincial claim — No basis for annulment — icsid Convention, Article 53

Annulment — Annulment proceedings — State responsibility — Tribunal finding that it could not determine whether there was a treaty breach prior to municipal court proceedings on the contract claim — Bilateral investment treaty excluding requirement of exhaustion of local remedies — Manifest excess of jurisdiction — Failure to give reasons — Relation of treaty claim to contract claim — icsid Convention, Articles 26, 53 — ilc Articles on Responsibility of States for Internationally Wrongful Acts, 2001, Article 3

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

Expropriation — Nationalization — Nationalization by State of company in which it was a shareholder — Whether in the public interest — Whether nationalization incompatible with the contract between State and foreign company

Stabilization clauses — Nationalization — Whether in public interest — Whether compatible with stabilization clauses — Status of contract in international law — Duty to pay compensation — Repudiation by State of its contractual obligations — Proper law of agreement — Law of contracting State to be supplemented by international law — Whether local law subordinate to international law

Arbitrators — Appointment by ICSID in default of appointment by party Applicable law — Whether tribunal to act as friendly arbitrator — Existence of a dispute

Damages — Measure of damages — Loss of profits — Claim limited to nominal amount

Interest — Rate of interest — Date from which interest payable

Arbitrators — Appointment — Arbitration clause submitting disputes to icsid contained in agreements — Arbitrators to be appointed by parties — State refusing to appoint arbitrator — Procedure in event of default of party to appoint arbitrator

Jurisdiction — Of tribunal — Agreement to arbitrate — Requirement of written consent — Arbitration clause submitting disputes to icsid contained in agreements — Whether arbitration clause sufficient written consent to arbitrate

Jurisdiction — Of tribunal — Unilateral notification by State of intention to exclude type of dispute from icsid jurisdiction operative in respect of prior consent to arbitrate Whether notification

Non-appearance — Company instituting arbitration proceedings — State failing to appear before tribunal — Procedure in default of appearance

Jurisdiction — Of tribunal — Legal dispute arising from investment — Meaning of “investment”