Key legal question
Whether the tribunal's jurisdiction was validly excluded by the treaty clause making awards final and binding
Extracted holding
The wording 'final and binding' did not clearly and expressly waive recourse to Swiss setting-aside proceedings under Art. 192 PILA.
Extracted reasoning
A waiver of remedies must be unmistakable; final/binding terminology usually excludes ordinary review only. The treaty text and context did not show a clear intent to waive all challenge rights.