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Counterclaim was based on unfounded assumption that Ghana’s conduct was lawful
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As Directives have not yet been enforced, claimants cannot claim resulting damages
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Ghana’s unitisation directives breached domestic law, and thus the contract’s stabilisation clause
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Local court decisions on validity of unitisation Directives under domestic law have no res judicata effect in the circumstances
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Contract’s stabilisation regime would not be breached by any state conduct, but requires proof of non-compliance with domestic law
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Background: Ghana’s decision to unify two oilfields encounters opposition from the claimants
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