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Costs apportioned favourably to Poland, accounting for investor’s failings
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Treaty limited jurisdiction to matters of expropriation, blocking other claims
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Requirement to exhaust local remedies found overridden by treaty text
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Poland’s arbitrator attached brief dissent
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Due process failings and disproportionate enforcement of domestic law lead to expropriation finding
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Poland relies on ‘police powers’ to justify enforcement of customs law against investor
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Claim followed two earlier BIT arbitrations brought by claimant’s company
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Fight raged for two years between claimant and its arbitrator
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