Expropriation — Taking of property — Repudiation by State of its contractual obligations — Confiscation of property without proper notice — Proper law of agreement — Law of Contracting State to be supplemented by international law
Non-appearance — Procedure in default of appearance by State — No lack of notification — Tribunal required to examine substantive merits of both parties’ assertions — Non-appearance of one party not entitling other to award as matter of right
Nationality — Of party to dispute — Company incorporated in Contracting State party wholly owned and controlled by nationals of another Contracting State — Whether company national of other Contracting State for purposes of icsid jurisdiction — Relevance of ownership and control — Relevance of evidence indicating company to be treated as national of other Contracting State
Jurisdiction — Of arbitration tribunal — Legal dispute ansmg from an investment — Meaning of “investment” — Whether amounts paid and undertakings carried out under concession agreement an investment — Nationality of parties — Whether company incorporated in one Contracting State a national of another Contracting State — Relevance of nationality of controlling stock holders
Compensation — For expropriation — Measure of damages — Damnum emergens and lucrum cessans — Amounts invested and lost due to confiscation — Loss of profits — Costs and expenses incurred
