Still another circumstance which bears noting is that, to the knowledge
of the Tribunal, no claims grounded on violation of the substantive standards
of the BIT have been submitted by either party to the arbitrator appointed
pursuant to the PSI Agreement. The Claimant SGS has not done so. It
would be difficult to suppose that the Respondent would do so, in the face of
the 3 July 2002 decision, which has become final, of the Supreme Court of
Pakistan169 to the effect, inter alia, that the BIT has no legal effect inside
Pakistan. Nevertheless, Pakistan has argued before us that the arbitrator seized
of claims grounded on violation of the PSI Agreement would have jurisdiction
not only over such contract claims but also over the BIT claims. We are not
persuaded that SGS’s BIT claims against Pakistan are subject to the jurisdiction
of the Islamabad arbitrator if only because such claims are based not on
the PSI Agreement, but rather allege a cause of action under the BIT. Even if
BIT claims were somehow brought before the PSI Agreement arbitrator, and
the arbitrator were to take cognizance of them, such filing will not divest the
Tribunal of its jurisdiction to determine the Claimant’s BIT claims
Still another circumstance which bears noting is that, to the knowledgeof the Tribunal, no claims grounded on violation of the substantive standardsof the BIT have been submitted by either party to the arbitrator appointedpursuant to the PSI Agreement. The Claimant SGS has not done so. Itwould be difficult to suppose that the Respondent would do so, in the face ofthe 3 July 2002 decision, which has become final, of the Supreme Court ofPakistan169 to the effect, inter alia, that the BIT has no legal effect insidePakistan. Nevertheless, Pakistan has argued before us that the arbitrator seizedof claims grounded on violation of the PSI Agreement would have jurisdictionnot only over such contract claims but also over the BIT claims. We are notpersuaded that SGS’s BIT claims against Pakistan are subject to the jurisdictionof the Islamabad arbitrator if only because such claims are based not onthe PSI Agreement, but rather allege a cause of action under the BIT. Even ifBIT claims were somehow brought before the PSI Agreement arbitrator, andthe arbitrator were to take cognizance of them, such filing will not divest theTribunal of its jurisdiction to determine the Claimant’s BIT claims
การแปล กรุณารอสักครู่..
