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Tribunal orders PVN to bear costs totaling to 10 million USD, plus simple interest at the rate of 5.33% per annum
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PVN is ordered to bear portion of PVTC’s costs for eleventh-hour withdrawal of crossclaim against second respondent
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Tribunal disagrees that experts exhibited inappropriate behavior; costs of arbitration fall on PVN
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Claimant’s claim for costs is subject to 30% reduction for unsuccessful but cost-intensive force majeure claim
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Nearly all costs claimed by claimant are reasonable; tribunal refuses to award local counsel fees and success fee
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Tribunal issues costs ruling mindful of parties’ successes and failures
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Tribunal awards claimant simple pre and post-award interest at a rate of 7.27% per annum
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Tribunal denies PVN’s claim for financing damages, seeing no breach of PM’s financing obligations
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PVN succeeds with delay liquidated damages claim, securing compensation of 22.8 million USD
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Tribunal sees no reason to address PVN’s counterclaim arising out of termination of EPC; crossclaim against PVTC is withdrawn
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Claimant is awarded 6.3 million RUB for PVN’s unlawful call on performance bond
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PM is awarded compensation for preservation works carried out on PVN’s instruction after termination of EPC Contract
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Arbitrators dismiss PM’s claim based on unaccounted steel structures, finding that Vietnamese government had not approved additional steel works
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Claimant is entitled to deferred payment charges of 34.7 million USD due to PVN’s failure to pay outstanding obligations caused by delay in financing arrangement
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PM is awarded costs of staff repatriation, including for employees’ spouses and dependents
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PM fails to substantiate claim for other costs allegedly arising out of termination of EPC Contract
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Arbitrators consider that granular approach of Project’s progress better captures value of claimant’s work done, and awards PM over 307.7 million USD on this count
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Tribunal adopts cost-based approach in valuing PM’s claims for works completed
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Non-payment constitutes valid ground for termination of EPC Contract; difficulties in executing US-denominated payments could not be entirely attributed to either party
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Valid Second Termination Notice overrides and supersedes ineffective First Termination Notice
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Arbitrators find that Vietnamese law recognizes contractual notice of termination
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Under Vietnamese law, wrongful termination brings contract to an end
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PM’s purported termination of EPC Contract on force majeure grounds was ineffective
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PM undertook no reasonable efforts to overcome US sanctions
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