1. The issue on this Application is whether an alleged violation of the terms of a settlement between the parties reached in Singapore on 15 June 2014 now permits the Claimant to pursue its pre-settlement claims against the Respondent Government of The Lao People's Democratic Republic (the “Government”). The allegations which have yet to be investigated at any evidentiary hearing, are that the Government has infringed the Claimant’s gambling monopoly rights in Savannakhet Province, Laos, contrary to the terms of the Settlement, by licencing a rival casino or casinos. The Settlement was based, the Claimant says, on the Government’s undertaking to assist in maximizing the sale price of the Claimant’s gambling assets in Laos and that such licencing of rival(s) strikes at the foundation of the Settlement bargain. Under the circumstances, according to the Claimant, it is entitled to a revival of the arbitration under the Additional Facility Rules of the International Centre for Settlement of Investor Disputes (“ICSID”).
II. SUMMARY OF DISPOSITION
2. The Tribunal, having convened a hearing in Washington, DC on 14 October 2014 to hear submissions on the legal objections to its jurisdiction raised by the Government, and having considered the oral and written material submitted, rejects the Government’s objection to its jurisdiction to entertain the Claimant’s allegation of breach of the terms of settlement. However, the Tribunal has also concluded, for the reasons set out below, that given the ambiguous wording of Article 6 of the Deed of Settlement on which the Claimant relies, and the difficulty of making any final disposition of the remaining legal arguments in the absence of any factual evidence to provide context to the dispute, that: