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Tribunal does not spend much time debating meaning of key protections
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In Concurring Opinion, Ms. Vicien-Milburn notes that she would have found an abuse of process
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Croatia is awarded almost 2 million USD in costs
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Tribunal majority is “troubled” by the claimant’s conduct, but does not make any finding on Croatia’s abuse of process allegation
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Tribunal is inclined to find that the date of consent for the purpose of Article 25 ICSID Convention is the date of the notice of dispute, but the issue does not need to be decided in a definitive fashion
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Claimant was a national of the respondent state at the date of the case’s registration by ICSID
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Tribunal rejects assertion that Croatia delayed in bad faith the processing of the claimant’s discharge application
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Tribunal rejects idea that “substantial compliance” with requirements for renunciation suffices
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Claimant’s letter to Croatia’s President does not assist the claimant
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Tribunal’s conclusion remains unchanged by claimant’s account of his visit to the Croatian Ministry of the Interior
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Documentary record and claimant’s behavior suggest that the claimant sought a discharge, rather than a renunciation
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Tribunal distinguishes between two forms of relinquishing Croatian citizenship under domestic law, which are effective from different dates
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While due respect must be given to the assessment of local authorities, the tribunal is empowered to determine independently whether a person holds a given nationality from the perspective of international law
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BIT creates presumption that an individual holding a Croatian passport is a Croatian national – and the claimant held a Croatian passport until May 2020
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It is uncontested that the claimant fulfils the positive nationality requirement of Article 25 ICSID Convention
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Claimant bears the burden of proving factual allegations underpinning his jurisdictional case
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Tribunal dismisses Croatia’s allegation that claims manifestly lack legal merit, but decides to hear the citizenship issue in a bifurcated phase
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Claimant withdraws and then re-files BIT claim
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Background: Long-standing dispute over Zagreb real estate lands at ICSID
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Tribunal rejects Rule 41(5) objections by Croatia
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Latvia is awarded full costs
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Tribunal opts for recording its discontinuation decision in an award, rather than a procedural order
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Claimant caused a deadlock, and the proceedings could not proceed
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Procedural powers include authority to order discontinuance for failure to comply with security for costs order
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