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Discrepancy between parties’ costs warrants discount in recoverable legal fees
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Treatment of investor justifies award of compound interest
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Moral damages are due given breach of human rights
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Comparables approach not helpful
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Relative success in one venture can serve as evidence for other ventures
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Part of the Free-Trade Zone has sufficient track record for DCF analysis
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Compensation for unlawful expropriation cannot be less than compensation for lawful expropriation
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Indirect expropriation is unlawful
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Measures amounted to unlawful coercion in breach of FET standard
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Illegal and illegitimate threats against investor breach the non-impairment standard
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Failure to protect investor from threats by the police entails breach of FPS standard
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Alleged misrepresentations are not made out on the facts
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Mooted legality challenge would have lacked force
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No need to involve China in the arbitration
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Potential claim in relation to court proceedings would have been unlikely to prevail, absent exhaustion of domestic remedies
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Local proceedings fail the triple identity test
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“Triple Identity” test applies in deciding fork-in-the-road clause
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Nigeria cannot rely on its own failure to acknowledge NoD to protest lack of negotiations
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BIT covers indirect investments
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Federated entity’s conduct is attributable to Nigeria
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Nigerian law applicable, as provided by the treaty
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Background: Free-trade zone manager is pushed out after Chinese government takes up case of former manager
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