A. That it has jurisdiction to decide on Teco's claims under the CAFTA-DR;
B. That Guatemala has violated its obligation to accord to Teco's investment Fair and Equitable Treatment under Article 10.5 of the CAFTA-DR;
C. That Guatemala shall pay US$21,100,552 to Teco as damages;
D. That the amount mentioned in section C above will bear interest at the US Prime rate plus a 2 percent premium as from October 21, 2010 until the date of full payment;
E. That interest shall be compounded on an annual basis;
F. That Guatemala shall support the entirety of its costs and expenses and pay US$ [sic] US$7,520,695.39 to Teco on account of its legal costs and expenses; [and]
G. That all any other claims and pleas for relief are rejected.
Id. at 153 (Arb. Award ¶ 780).
For the reasons set out of above, the Committee decides as follows:
(1) Pursuant to Article 52(1)(e) of the ICSID Convention, decides to annul the Award's decision on damages for the loss of value claim, as reflected in paragraphs C and G of the dispositif of the Award... and the corresponding paragraphs in the body of the Award related to damages (paragraphs 743–761);
(2) Pursuant to Article 52(1)(d) of the ICSID Convention, decides to annul the Award's decision on interest on historical damages for the period 1 August 2009 until 21 October 2010, as reflected in paragraphs D and G of the dispositif of the Award and the corresponding paragraphs in the body of the Award related to damages (paragraphs 765, 768);
(3) As a result of the above annulment, decides to annul the Award's decision on costs, as reflected in paragraph F of the dispositif of the Award and the corresponding paragraphs in the body of the Award related to costs (paragraphs 769–779);
(4) Dismisses the other grounds of TECO's Application for the Partial Annulment of the Award... ;
(5) Dismisses the other grounds of Guatemala's Application for the Annulment of the Award...;
(10) Notes that the stay of enforcement of the Award terminates automatically as of the date of this Decision pursuant to Arbitration Rule 54(3); [and]
(11) Dismisses all other claims.
Dkt. 1-3 at 120–21 (Annul. Award ¶ 382).
Accédez à la source d'information la plus complète et la plus fiable en arbitrageDEMANDEZ UN ESSAI GRATUIT
Déjà enregistré ?