The case involved a Share Purchase Agreement (SPA) in a set of complex projects. The 2010 SPA apportioned the costs of future investments in proportion to the shares held by the parties but with an investment cap of EUR 138 million. Beyond that amount, the Seller undertook to pay the difference. The contract was governed by Swiss law and contained an ICC arbitration clause. In June 2011, the purchaser under the 2010 SPA initiated arbitration proceedings against the seller.