'... absent the ability to submit a counter claim, a state...

'... absent the ability to submit a counter claim, a state cannot win; the most it can hope to do is not to lose.'

As there is no counter claim I am now wondering whether the Dominican Republic government was simply using the arbitration process to dertemine what a fair settlement should be. It would have been a good way to get all of the relevant facts presented to an independent party (ICSID) so that an accurate claim amount could be determined. They would also be able to use the arbitration result to convince their 'bean counters' that the amount being claimed is fair and should be paid.

I think we tend to see abitrations as adversarial (e.g. winners and losers) because it is done in court using lawyers, rather than as a method used by both sides to more accuralety determine what amount should be paid.