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AIG Capital Partners Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan
Published online by Cambridge University Press: 01 January 2021
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
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- Case Report
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- Copyright
- © Cambridge University Press 2007
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