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Tribunal hearing taximeter arbitration submits post-hearing questions to parties
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Claimant ordered to bear costs of respondents not bound by arbitration clause
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Discussion on applicability of res judicata doctrine is deferred to merits stage
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Mr Zuleta would have delved further into scope of ESM’s contractual obligations
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Challenges to exercise of sovereign powers fall outside of tribunal’s ratione materiae jurisdiction
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Tribunal finds no ground to look into potential implicit consent to arbitration under Bolivian Arbitration Law
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Dissenter proposes different approach to representation issue
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Tribunal finds no element to consider that ESM acted on behalf of Bolivia
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State’s overall involvement in the planning and implementation of the project does not make it a party to the Contract
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State’s participation in joint venture contract only fulfilled a legal requirement
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Contract leaves no space to consider Bolivia and state-owned company as ‘parties’
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Background: Indian steel giant resorts to ICC arbitration following failure of mining joint venture with state-owned company
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Costs lie where they fall
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Koch Industries does not qualify as protected investor
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Jurisdiction cannot be created through estoppel
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Claimants’ cross-border trading activities do not amount to an interest in economic activity in Ontario covered by NAFTA Article 1139(h)
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Emissions allowances are not “property” within the meaning of NAFTA Article 1139(g)
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Comparative law provides little guidance
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Ontario law provides no general test to define property, but government’s discretionary powers may indicate an absence of property right, which requires “exclusive control”
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Claimants bear burden of proving jurisdiction, while both parties bear burden of proving facts they assert
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Background: Claimants purchase emissions allowances in Ontario shortly before the scheme is cancelled
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Alleged abuse of rights also warrants bifurcation
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Objection related to notice of intent requirements under NAFTA and the Argentina-Mexico BIT meets criteria for bifurcation
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Time limit objection under the Argentina-Mexico BIT is also bifurcated
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