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PSEG Global Inc., the North American Coal Corporation and Konya Ilgin Elektrik Üretim ve Ticaret Limited Sirketi v. Republic of Turkey
Published online by Cambridge University Press: 01 January 2021
Abstract
Arbitration — International Centre for Settlement of Investment Disputes — Turkey — United States Bilateral Investment Treaty, 1985 — Jurisdiction — Investment — What constitutes an investment — Contract — Existence of contract
Jurisdiction — Investment — Nexus between investment and dispute — Interpretation of contract — Whether dispute arising directly out of investment — ICSID Convention, Article 25(1)
Jurisdiction — Consent — Scope of consent — Notification under ICSID Convention, Article 25(4) — Whether creating obligations for Contracting State
Jurisdiction — Consent — Previously agreed upon dispute settlement procedure — Requirement of exhaustion — Presence of previously agreed upon dispute settlement procedure
Parties — Standing — Interest of entities — Nexus to one another — Whether entities legally linked to Turkey for purposes of contract and Bilateral Investment Treaty
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