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Date of expropriation is best for valuation designed to wipe out consequences of unlawful act, especially as it increases pre-award interest
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Multiple can be applied to historical costs, but claimants should not have entirely ignored earlier transaction indicating lower multiple
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Exploration costs in identifying promising areas and management overhead should enter valuation analysis, as typical miner would have incurred them in replicating the project
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Witness from respondent acted as non-independent quantum expert, whose testimony deserves caution
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No need to review further standards of protection, while Tanzania’s counterclaims are unsubstantiated
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Lack of compensation makes expropriation unlawful, in circumstances where the expropriated assets were compensable
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Animus in parliamentary debates and better treatment of sole local miner affected by the measure evidence discriminatory expropriation
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No evidence that expropriation pursued any public purpose
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Expropriating legislation did not follow due process, as tribunal accepts to draw adverse inferences following state’s failure to produce legislative material
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Justification under the police powers doctrine must fall within narrow set of circumstances, and must be backed by contemporary evidence
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Expropriation was permanent; no reason to find photos taken during without-prejudice negotiations inadmissible
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Legislative repeal of licence amounts to a substantial deprivation of the investment, and offer to re-apply for new licence did not undo the expropriation
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Dispute is not about validity of local laws, but about alleged BIT breaches, and can thus be heard by BIT tribunal
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Even if BIT required active act of investing, the claimants would meet that requirement
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Prior tribunal’s interpretation of the BIT is wrong, as BIT contains no “active act of investing” requirement
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Neither the BIT nor the ICSID Convention require the claimants to have been investors from the origin of the investment
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Domestic entity meets BIT test to be considered foreign under Article 25(2)(b) of the ICSID Convention
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Background: Tanzania’s overhaul of mining sector results in revocation of claimants’ rights over mining area
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