Lundin Tunisia BV v Tunisia, Award, ICSID Case no ARB/12/30, IIC 879 (2015), 22nd December 2015, World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Whether the State’s guarantee of one of its entities’ debts fell outside the tribunal’s jurisdiction.
Whether issues relating to tax matters could qualify as legal disputes within the meaning of Article 25(1) of the Convention on the Settlement of Investment disputes between States and Nationals of other States.
Whether the ICSID tribunals have jurisdiction over tax disputes.
Whether the investor waived its right to ICSID arbitration by bringing claims before the State courts prior to initiating such arbitral proceedings.
Whether Tunisia had granted a first demand guarantee (‘garantie à première demande’) or a personal guarantee (‘cautionnement’) that would have required the investor to first seek enforcement against the public entity (unsuccessfully) before pursuing payment from the guarantor.