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AIG Capital Partners Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan

ICSID (Arbitration Tribunal).  07 October 2003 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — International Centre for Settlement of Investment Disputes — Jurisdiction — Respondent not participating in composition of Tribunal — Respondent made aware of Request for Arbitration — Whether Tribunal validly constituted — Whether objection to jurisdiction could be made at hearing

Foreign investment — Indirect investment — Investment indirectly controlled by US company — Whether Tribunal having jurisdiction under Bilateral Investment Treaty

Expropriation — Measures tantamount to expropriation — Claimants physically and forcibly dispossessed of property

Damages — Calculation of damages — Recovery of expenses — Interest on expenses — Loss of profits — Whether discounted cash flow analysis appropriate where no ongoing project — Whether loss of opportunity payable on total projected investment or amount actually invested — Whether difference between total projected investment and amount actually invested should be set off against award of compensation

Interest — Rate of interest — Claim resisted on grounds which did not succeed — Whether compound interest payable — Costs

Type
Case Report
Copyright
© Cambridge University Press 2007

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