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Libya to repay sums withheld
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Counterclaim not within tribunal’s jurisdiction under the BIT
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Construction project qualifies as an investment under the treaty, although settlement agreement doesn’t
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Prima facie showing of breach suffices for jurisdiction
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Dispute falls within BIT’s scope of application
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Settlement agreement was an obligation undertaken by state acting as sovereign entity
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FET breach in Libya’s “wait-and-see” attitude and arbitrary diversion of CHF 1 million to Gaddafi foundation
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No coercion from Libya and no expropriation
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Umbrella clause to cover obligations assumed by states in exercise of sovereign authority
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