United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Subject(s)
Expropriation of contract rights — Indirect expropriation — Investor — Full protection and security — International minimum standard — National treatment — Customary international law — Relevant date (and jurisdiction) — Costs and expenses — Attribution
Core Issue(s)
Whether the Tribunal had jurisdiction rationae personae, materiae, and temporis, based on the Claimant’s nationality and the existence of a covered investment. — Whether the conduct of the Omani state-owned enterprise Oman Mining Company LLC (‘OMCO’), the Omani Ministry of Commerce and Industry, the Omani Ministry of Environment and Climate Affairs, the Omani Ministry of Housing, the Omani Public Prosecutor, and Royal Oman Police was attributable to the Respondent. — Whether the Respondent expropriated the Claimant’s investment, including through termination of the Lease Agreements between the Claimant’s companies, Emrock Aggregate & Mining LLC and SFOH Limited, and OMCO, the Claimant’s arrest, police coercion requiring the Claimant to sign an undertaking from further production at the Jebel Wasa quarry, the Claimant’s prosecution, and police dispersal of the Claimant’s workforce and physical assets. — Whether the Respondent failed to provide a minimum standard of treatment comprising fair and equitable treatment and full protection and security, in relation to the provision of conflicting coordinates for the Jebel Wasa quarry, state harassment, and vandalism at the quarry. — Whether the Respondent failed to provide national treatment, in interpreting the Claimant’s permit as forbidding activities in the ‘wadi’ area at Jebel Wasa, arresting the Claimant, forcing the Claimant to sign an undertaking to avoid pre-trial incarceration, and shutting down the Claimant’s operations permanently on the basis of environmental breaches.
