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Ukraine knew of dispute before claims were formally notified
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Procedural good faith obliges states to answer claims if they want to rely on cooling-off period
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Tax claims did not breach FET
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Costs lay where they fell
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Notification requirement entails “the avoidance of legal forms, and the facilitation of open communication”
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No evidence of interference with bankruptcy process, as governmental acts did not single out Energoatom
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Temporal jurisdiction starts from first evidence of investment
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Failure to fund state-owned entity not an FET breach
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Umbrella clause claim was rejected; ECT’s provision on state-owned entities does not extend state liability
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No ground for counterclaim
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Separate legal entity was not a state organ
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Claimant’s unrealistic expectations did not establish a denial of justice
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Background: Investor in nuclear plant contractor struggled to collect past debts
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Investor’s diligence in resorting to local courts was deemed relevant for allegations of denial of justice
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Burden of proof for DOB objection falls on state
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DOB provisions seeks to bar nationalities of convenience, but it does not require “large” activities in home state
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Effective means is a qualitative standard
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Lis pendens objection was rejected absent identity of causes and parties
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Bankruptcy proceedings were found not to breach the effective means standard
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ECT’s restriction on investment related to activities in the Energy Sector is “open-textured”
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“Purely formal” objection over power of attorney was dismissed
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Parties agreed to forego hearing
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Tribunal accepts minority shareholding as investment
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Expropriation analysis mentions legitimate expectations
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