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Indication of English law as applicable law does not exclude application of customary international law
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Claims based on customary rules on protection of aliens find “typical forum” for adjudication in ICSID arbitration
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Tribunal finds no need for full articulation of claims in request for arbitration
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Tribunal rejects reliance on estoppel doctrine, seeing no evidence of unequivocal conduct of the respondent or detriment to claimant
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Designation under Article 25(1) ICSID Convention must be made by the state
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Communication of designation can be made through act that meets public notoriety threshold
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Article 25(3) ICSID Convention requires communication to ICSID of agency/subdivision designation
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Tribunal finds evidence of implied consent to consolidate claims in contracts’ interconnection
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Claimant did not intend to use single arbitration clause to “attract” claims based on different contracts
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Tribunal sees no evidence of de facto single arbitration agreement under separate contracts
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Consent is paramount in decision to consolidate, but it can be inferred from parties’ conduct
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Tribunal has the power to reconsider ICSID Secretary-General’s decision to register consolidated claims
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Tribunal splits costs according to relative outcome of each phase of the arbitration
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Lack of contractual breaches excludes any potential breach of customary international law
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Tribunal sees no obligation by Cambodia to designate state-owned company as subdivision or agency of the state for the purposes of Article 25(1) of the ICSID Convention
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Delays in financing of the project are attributable to the claimant
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Tribunal finds no obstacle to the project in adoption of Electricity Law by the state
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Parallel power purchase contract with Vietnamese company does not constitute a contractual breach
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Cambodia was entitled to seek renegotiations of contractual terms after expiration of effective date
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Tribunal sees no breach in bribery allegation against investor
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Arbitrators see no evidence that delays in signature of deed of guarantee put off potential financers
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Tribunal retains evidence from Cambodia’s witness who previously acted as legal adviser for claimant, seeing no fiduciary duties under Californian laws
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Tribunal admits additional claim under Article 46 of the ICSID Convention after decision on jurisdiction
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Background: US-based company wins public bid to build and operate electric power plant in Phnom Penh
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