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Free transfer protection does not entitle investors to free currency conversions
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Conduct of state-owned mobile operator cannot be attributed to state absent evidence of specific control over impugned acts
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No evidence that removal of right to sell handset had any impact on business, or that impact would be more than
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All permits requested by MTS-TM were granted; in any event, claimant fails to prove any loss or detriment from alleged delays or refusals
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Claimant and state-owned firm were in different circumstances regarding data needs, thus MTS was not entitled to an equal allocation of data capacity
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Claims for historical breaches are dismissed, as tribunal finds insufficient evidence of impact on the operator’s activities
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Claimant did not have legitimate expectation of renewal of Agreement
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When 2012 Agreement with host state lapsed, investor did not have any right to operate
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Agreement between the parties for investor to operate was neither invalid nor illegal
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Tribunal clarifies scope and content of the applicable standards of treatment
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<em>Prima facie</em>
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Turkmentelecom’s conduct is attributable to the state under ILC Articles 4 and 5
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State conduct can be both a contractual violation and a treaty breach, and tribunal can uphold jurisdiction over the latter
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Applicable rules do not prevent virtual hearing, but Turkmenistan’s threatened default leads to postponement
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MTS fails to disqualify opposing counsel, but tribunal insists on ethical wall
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Background: Claimant’s operations in Turkmenistan shut down after 2012 settlement agreement expired without renewal
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