Generally speaking, whether or not the
original aid scheme constitutes illegal state aid (there are strong indications that it doesn't), the
tribunal should have acknowledged that the claimant investor is bound by EU state aid rules and that the satisfaction of the
award is conditioned on the Commission's finding on the compatibility of the
original scheme with EU state aid rules.
(h) the
award was the result of fraud or corruption by a member of the arbitral
tribunal or obtained by fraud of a party or its representatives in the conduct of the arbitration [distinguished from fraud with respect to the
original dispute being arbitrated].
(9) Refusal to Pay or Deposit Funds: In the event a party fails to, within ten (10) days of the date the
award is transmitted, either pay the award to the party (ies) named in the award or deposit the funds with the Professional Standards Administrator consistent with Section 53, The Award, Code of Ethics and Arbitration Manual, that failure shall be brought before a tribunal comprised of members of the State Association chosen from individuals who did not serve on the original arbitration Hearing P
award is transmitted, either pay the
award to the party (ies) named in the award or deposit the funds with the Professional Standards Administrator consistent with Section 53, The Award, Code of Ethics and Arbitration Manual, that failure shall be brought before a tribunal comprised of members of the State Association chosen from individuals who did not serve on the original arbitration Hearing P
award to the party (ies) named in the
award or deposit the funds with the Professional Standards Administrator consistent with Section 53, The Award, Code of Ethics and Arbitration Manual, that failure shall be brought before a tribunal comprised of members of the State Association chosen from individuals who did not serve on the original arbitration Hearing P
award or deposit the funds with the Professional Standards Administrator consistent with Section 53, The
Award, Code of Ethics and Arbitration Manual, that failure shall be brought before a tribunal comprised of members of the State Association chosen from individuals who did not serve on the original arbitration Hearing P
Award, Code of Ethics and Arbitration Manual, that failure shall be brought before a
tribunal comprised of members of the State Association chosen from individuals who did not serve on the
original arbitration Hearing Panel.
When
tribunal members are made to squirm under the microscope of media and public scrutiny when ruling on a contentious issue of legal veracity, and not just on political expediency, they often will choose to err on the side of the strict interpretation of the legislation as it was intended to be interpreted by its framers, and not by another legal analyst with
awarded limited power who wants to twist the
original intent into a shape that suits his / her political spin (at that particular point in time) to the detriment of his / her chosen target, which target was actually chosen by a third - party legal analyst with a vested interest.