Desert Line Projects LLC v Yemen, Award, ICSID Case No ARB/05/17, IIC 319 (2008), 6th February 2008, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Whether Desert Line Projects LLC (‘DLP’) had an investment within the meaning of the Agreement for Reciprocal Protection and Promotion of Investments (Oman/Yemen) (‘BIT’).
Whether DLP needed an investment certificate to enjoy the protections of the BIT.
Whether a fork in the road clause barred DLP from bringing a claim pursuant to the BIT.
Whether Yemen coerced DLP to enter into the settlement agreement and whether this violated the fair and equitable treatment standard.
Whether DLP was entitled to recover the outstanding amounts under the Yemeni arbitration award as well as moral damages.