World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Consent to jurisdiction — Consent to jurisdiction (express) — Consent to jurisdiction through treaties — Creeping expropriation — Indirect expropriation — Regulatory expropriation (or regulatory taking) — Investment defined in treaties — Investment ‘in accordance with host state law’ — Arbitrary (unreasonable) & discriminatory treatment standard — Coercion & harassment — Denial of justice — Fair and equitable treatment standard — Full protection and security — Legitimate expectations — Transparency — Dissenting opinion — Costs and expenses
Whether Mamidoil’s failure to obtain the necessary permits rendered the investment illegal for the purposes of removing the tribunal’s jurisdiction. — Whether Albania’s level of political and economic development was relevant when assessing fair and equitable treatment. — Whether Albania failed to provide fair and equitable treatment by failing to provide a stable and predictable legal framework or by breaching the Claimant’s legitimate expectations. — Whether Albania’s measures were arbitrary or discriminatory. — Whether Albania failed to provide most constant protection and security.