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Statute of limitations should be assessed in light of international, not domestic law
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Nationalistic statements of elected official can’t be pinned on state
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Definition of investments does not provide clear answer as to whether “investments in the making” are protected, so tribunal looks elsewhere
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Dispute arose out of sugar industry privatization
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Tribunal criticizes claimant for assuming it was entitled to the assets at the heart of the unfairly-administered tender
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In 1999, claimant is deemed “winning bidder” for four sugar groups, but manages to consummate acquisition of only two groups
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“Costs follow the event” is a generally accepted rule, but is not applicable it the circumstances of the case
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Alleged investment centers on two assets targeted for acquisition, but never acquired
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Envisaged acquisitions by Nordzucker don’t warrant full treaty protection, but they deserve some
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Ministry had failed to tell investor that it was getting cold feet at a time when domestic opposition to privatization was growing
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Tribunal declines to view all four groups as one investment
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Jurisdiction clause was enlarged in 2005; arbitrators needed to decide if claims could target measures preceding 2005 entry into force of protocol
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Some allegedly anti-foreigner sentiment should be construed as concerns over “private” or large-scale methods of Nordzucker
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Political motives behind a decision do not amount to arbitrariness
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Multiple months of silence are not compatible with FET obligation
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Poland was entitled to not sell assets – and even to offer no reasons for such a decision – but foot-dragging and lack of candor during process are off-side
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FET breach centers on lack of transparency and candour of Polish officials
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Silence in closing months of 2000, was followed by actions in first half of 2001 that gave investor some (false) hope
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Investor’s expectations contrary to applicable rules are not legitimate
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Promotion and admission obligations not breached
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