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Analysis: ICSID Additional Facility tribunal declines Moldova’s request for bifurcation, finding that jurisdictional objections ratione personae are not prima facie serious

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Analysis: ICSID Additional Facility Rules tribunal declines claimants’ first request for provisional measures, seeing no risk of irreparable harm to investors’ rights

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[Updated with decision] Analysis: ICSID Additional Facility Rules tribunal partially grants investors’ request for provisional measures, ordering Moldova to prevent enforcement of monetary fine against domestic claimant on condition that investors deposit portion of fine into escrow account

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West Africa Round-Up: Tribunals in place for tax dispute with Ghana, enforcement measures taken against Gabon and the Republic of Congo, and developments in cases involving the Central African Republic and the Democratic Republic of Congo

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[Updated with Award] Analysis: Tribunal majority in EBL v. Spain finds discrete ECT violation on the merits, but declines to award damages and orders claimants to pay costs

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Discontinuance order in Uniper v. Netherlands surfaces, revealing that the tribunal rejected request for costs, finding no support for general rule that respondent should not bear the cost of withdrawn claims

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Uncovered: Rasia v. Armenia tribunal finds that contractual claims are time-barred and sees no BIT breach on the merits; umbrella clause requires contractual privity, while tribunal finds that non-monetary expenditures satisfy contribution requirement

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Revealed: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing

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