Evidence — Production of evidence — Request for evidence from another ICSID dispute — ICSID Convention, Article 43 — IBA Rules on the Taking of Evidence in International Commercial Arbitration, Article 3

Jurisdiction — Jurisdiction ratione temporis — Distinction between “divergences” and “disputes” — Criteria for “crystallization” of disputes — Whether dispute crystallized after entry into force of the BIT — Whether modification of contract affects crystallization of dispute

Jurisdiction — Jurisdiction ratione materiae — ICSID Convention, Article 25(1) — Definition of investment — Conditions for a contract to be an investment

Jurisdiction — Jurisdiction ratione personae — ICSID tribunal’s duty to resolve jurisdictional issue — Attribution of acts of a state-owned company to the State — ILC Articles on State Responsibility, Article 5 — Whether state-owned company exercised governmental authority

Jurisdiction — Objections to jurisdiction raised in merits phase — ICSID Arbitration Rules, Rule 41(1) — Whether delay in jurisdictional objection constitutes waiver — ICSID Convention, Article 25(1) — Requirement that dispute arises out of an investment — Whether jurisdiction if investment ceases to exist

Admissibility — Res judicata, conditions of — Whether domestic arbitral award has res judicata effect in ICSID proceedings — Effect on ICSID proceedings of award’s recognition under the New York Convention on the Recognition and Enforcement of Foreign Awards

State responsibility — Suspicious conduct of authorities — Whether inappropriate conduct of authorities sufficient to establish breach of BIT obligations — Contractual nature of allocation of responsibility for actions or omissions

Jurisdiction — Exhaustion of local remedies — Whether exhaustion of local remedies a pre-condition to BIT arbitration

Foreign investment — Fair and equitable treatment — Whether recourse to domestic arbitration of investor’s partner a breach of the BIT — Investor’s freedom to appoint arbitrator — Whether enforcement of domestic arbitration award a breach of the BIT

Foreign investment — Fair and equitable treatment — Relations between parties to a contract — Whether less favourable treatment of investor by contractual partner a breach of the BIT — Whether control by State sufficient to attribute conduct of state-owned company to State — Whether conduct being a coordinated plan by State against investor — Contractual rights and treaty rights

Expropriation — Termination of contract as expropriation — Involvement of state authorities in plan aimed at termination of contract — Whether investor’s failure to challenge authorities’ conduct in domestic courts disqualified BIT expropriation claim

Costs — Allocation of costs between parties — ICSID Convention, Article 61(2) — Rule 28 of the ICSID Arbitration Rules — Specific criteria for allocation of costs

Annulment — Function of annulment committee — ICSID Convention, Article 52 — No reconsideration of findings of fact

Annulment — Serious departure from a fundamental rule of procedure — ICSID Arbitration Rules, Rule 34(1) — Evaluation of evidence presented by the parties — Opportunity for parties to present their case — Tribunal’s right to reach its own conclusions as to interpretation and weight of evidence

Annulment — Failure to state reasons — ICSID Convention, Article 52(1)(e) — No requirement to discuss every argument raised by parties

Annulment — Manifest excess of powers — ICSID Convention, Article 52(1)(b) — Scope of ICSID tribunal’s powers based on agreement of parties — Failure to decide a question entrusted to the tribunal as manifest excess of powers — Intention of States parties to BIT

Annulment — Exhaustion of local remedies — Whether exhaustion of local remedies pre-condition to BIT arbitration — Reliance on prior ICSID award where facts different — Effects of requirement of exhaustion of local remedies on ICSID arbitration

Annulment — Annulment of part of the award — Effect on the award

Annulment — Manifest excess of powers — ICSID Convention, Article 52(1)(b) — Distinction between breach of treaty and breach of contract — Reliance by ICSID tribunal on domestic arbitration to analyse alleged breach of treaty