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Majority of costs allocated to Saudi Arabia
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Claimant lacked de facto control over investment
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Evidentiary standard for proving de facto control: Balance of probabilities
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Investors with de facto control over an investment can bring claims under the BIT
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Tribunal decides to hear some jurisdictional objections in a bifurcated proceeding
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Background: French company with Kuwaiti ownership brings treaty-based claim
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Applying the VCLT’s rules of treaty interpretation, the ICJ finds that the CERD does not apply to differential treatment based on “current nationality”
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CERD does not apply to (media) corporations
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The UAE raises preliminary objections; abuse of process is invoked, but abandoned at the hearing
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ICJ is not bound by decision from UN Committee; human rights conventions are deemed to be of “little help”
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Six judges pen separate or dissenting opinions
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Qatar argues that travel restrictions and restrictions on Qatari media corporations amount to an indirect discrimination
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Qatar-UAE conflict gave rise to a multitude of disputes, including several investor-state arbitrations
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Saudi Arabia breached TRIPS Agreement
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“Real dispute” is a trade dispute, not a political dispute
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“Anti-sympathy” measures are plausibly related to Saudi Arabia’s security interests
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Failure to prosecute domestic piracy has no logical link with security interests
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Good faith obligation must inform review of essential security interests exception
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Qatar complains of measures preventing beIN from asserting its IP rights
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Saudi Arabia opposes extra confidentiality for witness statement
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Procedure was adapted to account for Saudi Arabia’s refusal to engage with Qatar; panel stresses need to avoid ex parte communications
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