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Burkina Faso to recover half of its legal fees
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Damages to reputation must be proved
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Parties were allowed to start arbitral proceedings before the mediation concluded
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Indirect economic boost is not a loss for the state itself
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Burkina Faso complied with the PPP Agreement
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PPP Agreement was validly terminated
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Illegal procurement process does not necessarily indicate corruption
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Reputation of corrupt dealings is no proof of corruption
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Corruption can be proved by indirect evidence, provided that it is “serious, precise and concordant”
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Investors seek to prevent termination of contract in manganese project
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Request for provisional measures is admissible
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Analysis: several schools of thought on “irreparable harm”
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Measures would not prevent any irreparable harm to claimants’ interests, but cause grave harm to respondent
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Tribunal identifies key requirements for provisional measures
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No judgment on the case’s merits – corruption allegations left for later
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