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Requirements for provisional measures were not met, dissenter finds
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Dissenter doubts that tribunal had the power to grant anti-arbitration injunction, noting that such an injunction would violate the Kompetenz-Kompetenz principle
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Majority ignored distinction between contract claims and treaty claims, dissenter says
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Dissenter sees no precedent for majority’s anti-arbitration injunction
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Anti-arbitration injunction only extends to the scope of the ICC tribunal’s exclusive jurisdiction
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Urgency condition is met, while balance of equities favours granting anti-arbitration injunction
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Majority sees prima facie breach of arbitration agreement by PEL, since contractual issues are pending before treaty tribunal
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Treaty tribunal has exclusive jurisdiction over treaty claims, but contract tribunal has exclusive jurisdiction over contractual claims
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Parties agree on four-fold test for provisional measures
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ICC Rules empower tribunals to issue anti-arbitration injunctions, tribunal majority finds
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Mozambique seeks anti-arbitration injunction, considering overlapping issues in the two arbitrations
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Background: State lodges contract arbitration after treaty claim is initiated; requests for suspension of either arbitration are dismissed
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ICC tribunal upholds jurisdiction over Mozambique’s contract claim
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