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Proceedings are bifurcated only between liability and quantum
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No <em>res judicata</em> or issue estoppel preclusive effect absent identity of parties and cause of action
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No jurisdiction over counterclaims under the BIT
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Romanian domestic statute of limitations does not apply
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No jurisdiction over contract claims
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Annulled commercial award also an investment
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No condition of contribution to economic development
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“Actual plans” to invest can constitute investments
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Background: Investment in former state steel company fails due to legacy debts
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Expropriation claim also successful
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Prior commercial arbitration award is distinguished
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Romania breached the investors’ legitimate expectations
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No compensation under FET
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Tribunal stresses importance of debt rescheduling for the investment
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Investors did not contribute to their losses
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Rectification leads to corrected – and higher – compensation
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Loss of opportunity also compensated, as burden of proof is reversed
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No moral damages absent exceptional circumstances
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Tribunal awards some of the claimants’ sunk investment costs
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Dissenter distinguishes loans from investments, and looks at compound interest with suspicion
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Tribunal is “mandated” to order compound interest
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DCF analysis eschewed, given no records of past cash flows
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Compensation to be based on equitable principles
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Earlier settlement offer held irrelevant to quantum analysis, even if authentic
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