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Venezuela ordered to cease use of claimant’s trademarks
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Since claimant is out of business, risk-free interest rate applies
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Tribunal relies on free transfers provision to establish currency in which damages should be paid
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Six-year delay in reimbursement of VAT credits indicates unwillingness to pay
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Tribunal awards damages for lost profits, but warns that BITs “are not guarantees of investment returns”
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Claimant’s calculations of company value in “but-for” scenario suffer significant cut based on alternative calculation of operating margins
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Tribunal declines to apply BIT’s standard of compensation due to illegal nature of expropriation
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Valuation date set at time when expropriation crystallised
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Parties rely on DCF methodology, but propose diverging calculations on compensation
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Venezuela’s measures fail to meet proportionality test
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Pre-existence of challenged measure deemed irrelevant in light of subsequent amendments to applicable regulations
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Subsequent government takeover of local company is irrelevant, since expropriation had already occurred
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BIT does not require intention to expropriate
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Creeping expropriation results from series of individually non-expropriatory measures
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Tribunal sees “substantial deprivation” of value of claimant’s investment; benefit to the state is not necessary to establish indirect expropriation
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Tribunal sees material adverse impact of state measures on claimant’s business
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Background: State regulations allegedly force investor to close it cleaning products business, prompting treaty claim
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Costs of proceedings to be borne by France, while applicant is directed to pay indemnity for legal costs to Venezuela
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Venezuela’s request for rectification is upheld
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Subsidiary request for interpretation is also rejected
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Court finds no error in decision annulling entire award of damages for advance payments even though only some advance payments were tainted by tax fraud
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Background: Investors request rectification and interpretation of judgment that partially set aside damages award
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State is ordered to pay costs
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Venezuela’s public policy argument is likely inadmissible, and in any event unfounded
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