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No jurisdictional foothold in Investment Law
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Jurisdictional analysis should proceed under “good faith” principle
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Tribunal is free to analyse every relevant aspect of the case in ruling on its own competence
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Investor also breached principle of not invoking its own illegal acts, as well as public policy
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Claimant submitted false information to win contract bid
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Good faith is a general principle of law
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States are free to curtail investment treaty protection to lawful investments
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Travaux of the BIT indicate intent to limit treaty protection to lawful investments
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Only tribunal can rule on legality of investment
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Investor lied about its experience and qualifications
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