Republic of Korea v Mason Capital L.p. & Anor

Arbitration — Award — Recourse against award — Setting aside — Investor state arbitration — Arbitration agreement — Whether claims fell within the scope of submission to arbitration — Articles 34(2)(a)(i) and 34(2)(a)(iii) UNCITRAL Model Law on International Commercial Arbitration; Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Arbitral tribunal declining to admit additional evidence after hearing — Whether respondent in arbitration deprived of opportunity to present its case — Section 24(b) International Arbitration Act 1994 — Article 34(2)(a)(ii) UNCITRAL Model Law on International Commercial Arbitration; Arbitration — Award — Recourse against award — Setting aside — Jurisdiction — Host state’s government officials found to have acted in violation of free trade agreement — Host state objecting that acts were not “measures adopted or maintained” by host state “relating to” claimant in arbitration — Host state objecting that claimant in arbitration was not “investor” and lacked standing — Whether host state’s objections jurisdictional in nature — Articles 34(2)(a)(i) and 34(2)(a)(iii) UNCITRAL Model Law on International Commercial Arbitration; Arbitration — Award — Recourse against award — Setting aside — Arbitral tribunal ruling on certain jurisdictional objections in initial decision and other jurisdictional objections in final award — Respondent in arbitration appealing against tribunal’s rulings on jurisdiction only in setting-aside application — Whether defendant in arbitration precluded from raising jurisdictional objection addressed in initial decision — Section 10(3) International Arbitration Act 1994 — Article 16(3) UNCITRAL Model Law on International Commercial Arbitration