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Dismissing case on basis on local litigation requirement would be “highly formalistic”
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Forum selection clause in contract is irrelevant for treaty claims
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Object and purpose of ICSID Convention paramount, concurring arbitrator says
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States’ bargain in negotiating BIT’s scope should be upheld, according to dissenter
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Parties cannot bypass “Foreign Control” requirement under ICSID Convention
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Subjective views of the BIT parties important for foreign control requirement, dissenter says
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