The Decision on jurisdiction has been decided unanimously in respect of all issues except one, that is whether the Tribunal’s jurisdiction under Articles VIII(2) or X(2) of the BIT is qualified or conditioned, with regard to contractual claims, by the existence of Article 12 of the CISS Agreement, by which SGS accepted to refer contractual disputes to the Philippines courts. Phrased in the words of the Decision, the issue is “whether Article VIII(2) was intended to override an exclusive jurisdiction clause in an investment contract, so far as contractual claims are concerned” (para. 140). After due consideration, the answer of the majority was negative. My opinion was different and is expressed herein below.