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Full ICC tribunal declines to stay arbitration proceedings
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Tribunal sees no reason to depart from “principle” that each party should bear its own way
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Interest rate should be compounded, and compensation free of Bolivian taxes
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Tribunal adjusts claimant’s DCF analysis, but declines to reduce compensation to account for administrative sanction
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Arbitrators apply ex-post valuation method
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Tribunal conditions compensation on a requirement that BBVA make its shares in Prevision available to the state
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Bolivia violated the BIT by requiring the claimant to pay for the contribution deficit – but a claim based on administrative sanction is premature
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Other contested measures regarding data migration did not amount to treaty breach
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Contradictory resolutions regarding data migration obligations violated FET
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11-year delay in implementing nationalization violates FET and non-impairment standards
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Tribunal defines autonomous FET standard and non-impairment protection
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BBVA waived its right to contest admissibility of settlement negotiation documents; recording is also admissible
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Contractual forum selection clause is not a clear renunciation of treaty arbitration
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Procedural record features settlement attempts, discussions on privilege and virtual hearing, as well as supplementary arbitrator disclosures prompted by Eiser v. Spain annulment decision
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Background: Nationalization of Bolivia’s pension system encounters multiple challenges
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