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Neither costs incurred under funding agreement nor success fee are recoverable
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Costs for wasted hearing preparations are awarded to respondents, but not VAT or costs incurred at sole behest of respondents
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Most other claims and counterclaims are dismissed
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Respondents fail to prove that investments were made on basis of invalid sources of capital
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Overcharging counterclaim is not barred by either non-arbitrability of administrative matters under Lithuanian
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Respondents to recover 41.7 million EUR in damages in view of claimants trading emissions allowances that did not belong to them
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Investigations into emissions trading started by member of municipal council does not entail that the municipality itself was aware of damage for time-bar purposes
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As a consequences of the tribunal’s finding, there is no shortfall in the total aggregate value of the assets
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While burden to prove quantum is on claimants, respondents cannot simply object to proposed figure without further explanation
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Test for detachability includes technical as well as legal features
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Ruling by emergency arbitrator cured alleged contractual failure to jointly appoint expert
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Claimants had no obligation to convert main asset to biofuel, and respondents failed to cooperate in good faith when the project was put before them
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In reviewing allegations of overpricing, tribunal should not second-guess financial choices of organiser of underlying tenders
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Indirect evidence does not paint picture of corrupt deal
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Wiretap transcript whose authenticity cannot be verified are inadmissible, in view of principles of due process and equality of the parties
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While corruption analysis can rely on circumstantial evidence, red flags cannot suffice as means of proof
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Hearing is postponed given claimants’ loss of counsel, but respondents are awarded wasted costs
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Data privacy of third parties is not for the tribunal to decide
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Document production is synchronized with parallel ICSID arbitration
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Background: Lease for urban heat and power system is not renewed; parties dispute performance of their respective obligations
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