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Costs mostly follow the event, though tribunal splits
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Given circumstances and pandemic, claimant’s insistence on additional payments is not in keeping with its good faith obligations
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No force majeure since COVID-19 pandemic did not prevent payment obligations
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Jurisdiction exists under settlement agreement executed while arbitration was ongoing
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Consent award cannot be issued absent consent of both parties
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Parties agree to consolidate proceedings, despite diverging arbitration agreements
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Costs are awarded in line with success on quantum
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No loss of opportunity
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Damages to reputation must be proved
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Tribunal distinguishes between “cumulative” and “compounded” interest
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Tribunal applies DCF method; Country risk premium is not obviated by a stabilisation clause
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Arbitration clause is not pathological
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Lis pendens principle is not applicable if parallel proceedings take place before non-seat court
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Benin breached its contractual obligations
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Benin’s Procurement Rules do not invalidate arbitration agreement, especially in view of Beninese principle of contractual loyalty
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Contract did not violate data privacy laws
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Tribunal decides suo motu corruption allegations, which fail on the merits
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Government documents produced by the claimant were lawfully obtained
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