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Claimant had no legitimate expectations that no activities would be required before conclusion of a PPA
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Tribunal finds that Kenyan law governs the merits phase, but international law may apply through local law
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Background: WalAm initiates contract-based arbitration after Kenya declares forfeiture of its geothermal license
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Arbitrators dismiss Kenya’s allegation that the license was void ab initio
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Claimant raises concern about planned advisory function of Mr. Munyantwali’s partner, but has no objection to advisory activities of affiliated legal institute
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WalAm claims corporate dual nationality for purposes of registration and jurisdiction
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Security for costs application is dismissed
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Still-unpublished jurisdictional decision dismissed ratione personae and ratione temporis objections
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Tribunal sees no indication that forfeiture was carried out in bad faith
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Forfeiture can be ordered for lack of “physical acts” carried out on the land
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Tribunal summarily dismisses initial grounds invoked in support of an alleged unlawfulness of the license revocation
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Forfeiture notice was not ultra vires
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Customary international law prohibition of unlawful expropriation does not apply, but the claim would, in any case, fail on the merits
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Arbitrators adopt modified costs-follow-the-event approach
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No estoppel or waiver since Kenya did not consent to the cessation of physical activities
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Tribunal finds no inappropriate behavior from the state during the PPA negotiations
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No lack of reasonableness or proportionality under Kenyan law
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No irrelevant considerations, or failure to take into account relevant considerations
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Claimant had sufficient notice before the forfeiture took place
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