[2025] EWCA Civ 998

Mr Bastin submitted that it would be necessary for various paragraphs in the BIT Award to be deleted or amended in the light of our judgment. With the exception of the dispositive paragraph, I do not think that this would be an exercise which it would be sensible or appropriate for this court to undertake and in view of the resignation of the tribunal, the tribunal cannot do it either. It is unnecessary and would be disproportionate to constitute a new tribunal for this purpose.