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Tribunal considers whether case falls into category of disputes that are expressly outside of its jurisdiction
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Five jurisdictional objections raised, but most left undiscussed
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Tribunal turns to parties’ intentions on disputes that were notified under old BIT, but which had not “matured” prior to coming into force of new BIT
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Treaty is silent on prior disputes for which formal arbitration had not commenced
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Retroactivity principles canvassed, but ultimately found not relevant
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2008 financial crisis led to disputed Belgian state interventions in Fortis bank
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