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Tribunal rejected moral damages claims on the facts; no competence to rule on breach of intellectual property convention
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Tribunal applied effet utile to find ICSID consent from ambiguous wording
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Costs and representation
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€4.6 million awarded in compensation for lost profits and seized assets
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Principle of corporate groups used to ground parent company’s consent to arbitration
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Evidence demonstrated state intention to treat local investment vehicle as foreign
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Termination found to constitute expropriation under local law and investment agreement
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