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Pendency of parallel LCIA arbitration does not affect the tribunal’s jurisdiction
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Tribunal reckons that <em>expressio unius </em>principle is inapposite
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More generally, tribunal considers that MFN clause cannot operate as a substitute for consent
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MFN clause referring to “treatment and protection” is not sufficiently broad to apply to jurisdictional matters
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No need to resort to supplementary means of interpretation
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ISDS is not a significant aspect of the BIT’s object and purpose
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Applicable law provision is irrelevant since it only applies to the merits
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Tribunal cannot rule on lawfulness of expropriation as an incidental matter
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Tribunal rejects suggestion that narrow interpretation would allow the state to prevent investor-state arbitration by denying the existence of an expropriation, finding that assumptions of denial of justice should not be made lightly
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Interpretation is confirmed by absence of explicit or “invisible” fork-in-the-road provision
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Context confirms that domestic courts have exclusive jurisdiction to rule on the existence and lawfulness of an expropriation
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Reference to the “amount of compensation for expropriation” and heading of investor-state dispute settlement provision lead to conclusion that the tribunal lacks jurisdiction over question of entitlement
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Elements of Article 31(1) VCLT must be given equal weight; previous decisions merely have persuasive authority
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Burden of proving jurisdiction rests on the claimant
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Tribunal majority decides to bifurcate proceedings, but rejects claimant’s request for suspension due to pendency of parallel contract arbitration; tribunal decides to forego remaining monies so that Award can be released
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Claimant lodges two parallel arbitrations
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Background: Rescission of contract for traffic management system prompts treaty claim
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