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Disqualification requests cannot succeed on the basis of speculations
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Limited role in 30-year old case cannot warrant disqualification
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Applicable standard requires a manifest appearance of lack of independence or impartiality
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Chair declines to recuse herself
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Claimant points to Mr. Mayer’s past links with Cameroon
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Costs-follow-the-event principle should not be adhered to strictly in this case
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Alleged stake in local company insufficient to prove control of investment
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Share transfer was insufficiently evidenced
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No evidence that American entity was a party to the contract
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Corporate claimants need not be controlled by nationals of a treaty party
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Project involved risk and was directed at Cameroon’s economic development
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Territorial link requirement depends on the nature of the investment activity
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Operations meet the duration requirement, despite fixed-length contracts at root of project
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Launch of the project indicates that contribution was made
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Existence of an investment calls for a holistic analysis
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State should have held consultations soon after learning that an arbitration was looming
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Jurisprudence on DOB clauses is not helpful, given differences in wording or facts
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Denial of benefits provision contains two conditions, one substantive and one procedural
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No need to probe authenticity of documents
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Background: development venture is stopped in its track after police arrest
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Tribunal will examine forgery allegations and jurisdiction in two separate hearings
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Tribunals can issue a provisional measures order to protect procedural, as well as substantive rights
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Provisional measures may protect hypothetical rights
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A provisional measures order may be aimed at guaranteeing that a hypothetical right can be implemented in an effective fashion
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