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Montenegro is not estopped from objecting to the applicability of the BIT
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Other circumstances relied upon by Mr. Deripaska fail to convince CoA
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There is no tacit agreement on succession, CoA finds
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CoA sees no general agreement on succession through the exchange of diplomatic notes
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Montenegro’s unilateral declarations are insufficient for BIT succession
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Agreements between states have to be proven, CoA says
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Court refutes existence of international law rule that presumes treaty continuity
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VCSST does not reflect customary law on automatic succession
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CoA distinguishes between continuity and succession of states
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Question of tribunal’s jurisdictions is subject to full review by the court; burden of proof lies with party seeking set-aside
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Background: Deripaska seeks to overturn latest award in multi-front dispute with Montenegro
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BITs do not automatically continue in instances of state succession
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Mr. Deripaska is ordered to reimburse Montenegro’s costs
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Tribunal addresses Montenegro’s security for costs application
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Letters from Russia’s MFA are not viewed as sufficient evidence of Russia’s view on the BIT’s validity
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Tribunal deems BIT validity objection potentially dispositive of entire case, and outlines non-disputed issues
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Montenegro’s unilateral statements are insufficient to establish state succession to BIT
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Montenegro-Russia exchange of diplomatic notes is not indicative of BIT continuity
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Montenegro’s succession practice with other states offers no support for claimant’s position
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Other Yugoslavia-Russia treaties provide no evidence of tacit agreement to continue BIT
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Tribunal weighs in on relevance of public reports on BIT status
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