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Absent exhaustive and final economic settlement between the parties, tribunal examined disputed cost items individually and awarded claimant compensation
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Dissenter saw no intent by Russia to become party to the contract
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Dissenting arbitrator viewed SCC-administered arbitration pursuant to the ICC Rules unviable
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Other issues, including jurisdiction under BIT, were considered moot but briefly discussed
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Majority held that Russia was party to the contract given the facts of its conclusion; customs authority legally acted on the government’s behalf under Russian law
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Waiver objection failed as claimant’s tax restitution procedure before Russian court was not seen as identical to the arbitration proceedings
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Majority ruled that arbitration clause applying ICC Rules to SCC-administered proceedings was not pathological, invoking effet utile interpretation
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Tribunal bifurcated proceedings; no hearing was held
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Background: Moldovan lead contractor in EU-funded project for the construction of border crossing posts claimed compensation from Russian customs authority and the government for work performed, taxes and fees
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