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Fork-in-the-road does not apply; CEPA language is clearer than other treaties
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Umbrella clause applies to all contracts, not just those without forum selection clauses
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Tribunal favours holistic test for determining ‘taxation measures’
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Nissan limits its claims to post-critical-date losses, avoiding time-bar issues
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Claim stems from allegedly unpaid incentives for vehicle manufacturing plant
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India objects to PCA default appointment also of tribunal chair
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Tribunal reads CEPA default provisions as applying to chairs as well as co-arbitrators
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Tax exception arguments are deferred to merits, due to lack of evidence presently in the record
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Tribunal sees arguable issue in debate over privity of contract, but ties it to merits, not jurisdiction
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Claimant obtains interim measures order to restrain India’s bid to restrain arbitration
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