The central question which the Tribunal must address is whether we
have jurisdiction to pass upon and determine SGS’s claims which are grounded
on alleged violations by Pakistan of certain provisions of the BIT (“the
Claimant’s BIT claims”), or its claims grounded on alleged breaches of certain
provisions of the PSI Agreement (“the Claimant’s contract claims”), or both
such types of claims. Before, however, addressing this central issue, it is useful
to examine in general terms BIT claims and contract claims