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Court decision sheds light on the tribunal’s finding of an FET breach
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Tribunal had to decide compensation for distinct breaches
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Parties had not debated the tribunal’s quantum approach, Kazakhstan said
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Issues of quantum and causation are remanded to the arbitral tribunal
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Failure to seek the parties’ input was detrimental to Kazakhstan
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Tribunal should have sought further debate on damages given its liability findings
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Case is remanded for arbitrators to consider the merits
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25-year old witness recollection is hard to credit
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1995 Trade Agreement recitals also embody agreement to be bound
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Written exchange confirms intention to be bound by the BIT
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1992 Declaration on economic cooperation contained agreement to be bound by previous treaty
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English court can review jurisdictional issue de novo
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