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Archives
FRGC is ordered to pay tax advance (with interest)
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Other alleged material breaches are not upheld by the tribunal
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Failure to relinquish territories amounts to a material breach of the PSC
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Tribunal refuses to order damages for FRGC’s failure to relinquish territories
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FRGC was not required to deliver the work product for the relinquished areas
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Tribunal found that FRGC was under an obligation to relinquish the contract area
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Assignment was in breach of the PSC
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Parties agree on parent company guarantee, rendering security for costs request moot
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FRGC’s counterclaims are withdrawn – and dismissed without prejudice
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Jurisdiction is uncontested
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Tribunal deems industry standards relevant for contractual interpretation
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Dispute over product sharing agreement prompts UNCITRAL arbitration claim
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Procedural efficiency is “key goal” of bifurcation decision
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Turkmenistan asks for bifurcation and early resolution of bankruptcy-related claims
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Early resolution of bankruptcy claim would not serve procedural efficiency
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Bifurcation at an advanced stage is unlikely to materially reduce the proceedings
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Ratione materiae objections are intertwined with the merits; bifurcation of ratione personae objections alone would not be efficient
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Each party is ordered to bear its own costs
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Tribunal affirms intention to modulate proceedings so as to ensure equality of arms
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Citing access to justice concerns, tribunal allows claimant to explore after-the-event insurance
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Claimant asks for reconsideration of previously-granted security for costs order, arguing that escrow account and bank guarantee are not commercially viable options
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Tribunal unanimously finds that claimant had made serious efforts – but ultimately failed – to post security through an escrow account, a bank guarantee, or after-the-event insurance
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Minority arbitrator advocates for stay of arbitration, expressing concerns over respondent’s inability to recover costs
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Minority arbitrator proposes extension of tribunal powers for claims involving third-party funding
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