Petrobart Limited v. Kyrgyz Republic

Abstract

Arbitration — Application to annul Arbitral Award I — Whether Arbitral Award I to be altered wholly or in part — Whether arbitral tribunal deciding issue of jurisdiction correctly — Whether prerequisites for arbitration met — Whether Petrobart had made an investment within the meaning of Kyrgyz Foreign Investment Law (“FIL”) — Doctrine of assertion — Concept of investment in FIL — International law principles — Res judicata — Whether Swedish court to annul Arbitral Award I

Costs — Petrobart’s claim for alteration of distribution of costs in arbitral proceedings — Dismissal of claim — Costs in the Court of Appeal