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Flaws in claimant’s expert report lead to lower compensation
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Tribunal declines to order state to publish statement absolving claimant
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Allegations of damage to reputation are difficult to establish, especially when record is muddled
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Tender rights can be expropriated
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No other bidder had received treatment similar to that of the claimant, evidencing discrimination
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Political interferences with award of contract breached claimant’s legitimate expectations that tender process would be carried out fairly
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Alleged corruption is unproven, as local acts of bribery cannot be traced back to the claimant
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Local entity is covered by the BIT as it relates to the dispute, even if impugned conduct did not affect it directly
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Salini test is unhelpful in context where main question is whether claimant acquired rights protected by BIT
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Since tender winner would under normal circumstances have been awarded a contract, tribunal finds qualifying investment under the BIT
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Tribunal can assess weight to be given to expert report
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PCA Secretary-General declines to rule on Kyrgyzstan’s objections to jurisdiction
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Background: Claimant wins tender for e-passport services, but no contract is ever signed after competitors complain, and allegations of corruption are aired
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Public international law likely governs interest on costs
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Kyrgyzstan failed to indicate any circumstance justifying disregarding its obligation to advance costs
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Duty to share advances on costs derives from consent to arbitrate
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Request can only be granted in a decision – not an award
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Tribunal has authority to rule on claimant’s costs request
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Parties debate scope of remedy for Kyrgyzstan’s failure to honour required advance on costs
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Viaduct tribunal rejects request for stay, finding lack of “extreme circumstances”
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