“…(at [23] and again at [34]). That was on the basis of what Lord Mance JSC said in Ust-Kamengorsk Hydropower Plant JSC v AES Ust-Kamengorsk Hydropower Plant LLP [2013] UKSC 35 (“Ust-Kamengorsk”) at [48] as follows:…”
“… point by reference to the negative obligation explained by the Supreme Court in AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC[2013] UKSC 35, [2013] 1 WLR 1889, their obligation was not to pursue their claims in any other forum (including the Spanish courts). A fortiori the Awards did not order the …”
“…with the deliberate substitution of the less emphatic “should” for “shall”: see AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35, [2013] 1 WLR…”