Introduction

In a 2-1 decision dated October 21, 2005, a Tribunal at the International Centre for Settlement of Investment Disputes ("ICSID") held that it had jurisdiction to hear the merits in the highly publicized case of Aguas del Tunari, S.A. v. Republic of Bolivia .[1] Shortly after the decision on jurisdiction was announced by the Tribunal, the international consortium that owned Aguas del Tunari, S.A. ("Aguas del Tunari" or "AdT") - led by the Bechtel Corporation - settled the case on a no-pay basis, ending an arbitration that had been commenced nearly four years ...