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Committee found sufficient reasons by tribunal in rejecting Hungary’s qualification of the dispute and mitigation arguments
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Committee found tribunal’s analysis of treaty conflict “perfectly clear”
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Committee saw no failure to apply the law in tribunal’s refusal to reduce quantum of claimants’ losses
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Committee found no manifest excess of powers in tribunal’s decision to uphold jurisdiction notwithstanding Achmea Decision and subsequent 2019 Declaration
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Manifest excess of powers must be both self-evident and substantively serious
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Annulment safeguards overall integrity and legitimacy of arbitral process and is not designed to correct mere error in the award
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Background: Hungary filed for annulment of intra-EU farming award
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Background: UK-based investor in Hungarian farming venture claims damages after Hungary’s Parliament abolishes “pre-lease” rights
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Expropriation was unlawful
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Tribunal invokes iura novit arbiter principle
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Regulatory measures cannot represent an “unqualified exception from the duty of compensation”
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2011 Amendment amounted to an expropriation of the claimants’ pre-lease right
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Hungary is ordered to pay a share of the claimants’ costs
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Tribunal reduces discount for risk factors, and awards €7.1 million out of €17.9 million claimed by the claimants
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Achmea decision is not binding upon the tribunal
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EU law does not preclude the tribunal’s jurisdiction under the BIT
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Joint declaration of EU member States could not invalidate a pre-existing consent to arbitration
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Arbitrators ask the parties to comment on the effect of Brexit upon Hungary’s intra-EU jurisdictional objection
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Tribunal has jurisdiction ratione materiae
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Tribunal discusses “profound difference” between property rights and purely personal rights for the purposes of expropriation claims
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Other expropriation cases distinguished, and Metalclad singled out for critique
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Dispute arose out of failed tender in process judged illegal under Hungarian law
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Each side ordered to bear its own costs
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Each of the claimants’ alleged rights failed one or more of these tests
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