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Archives
No fork-in-the-road clauses in the applicable instruments
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Jurisdiction upheld over FILs, one of which extended to attempted investments
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Claim of entitlement to ownership qualifies as an investment if it is “at the very least arguable”
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Contribution to economic development not a legality requirement
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BIT covers non-contractual, intangible rights to performance
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Mabco had a claim to the shares, in view of the totality of the circumstances
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No bar against government members launching claims against their own state
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Majority finds that involvement of claimant’s principal does not negate jurisdiction ratione personae
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Claimant respected negotiation requirement
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Claims are prima facie established
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Tribunal lack jurisdiction ratione temporis over expropriation and FET claims under the BIT, but they can be raised un 2005 FIL
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Kosovo is estopped from contesting the investment’s legality
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Background: investment in hotel is lost as business partner fails to comply with share purchase agreement
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