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Arbitrators smile upon Kazakhstan’s objections with respect to 1994 law
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Arbitrators disagree with approach taken by tribunal in earlier ICSID case
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Claimant says 1994 law contained Kazakh offer to arbitrate with foreigners, and this still applies to Ruby Roz despite 2003 repeal of law
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Even if stabilization provision of repealed statute was applicable, its 10 year freezing period elapsed before arbitration was sought
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Eleventh hour criminal proceedings lead key witnesses of claimant to decline to appear at hearing
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Tribunal chastizes government, and refuses to discard witness statements – but would need to give them less weight
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