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- The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.
The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.
Sergei Paushok, CJSC Golden East Company and CJSC Vostokneftegaz Company v. Mongolia, UNCITRAL (Russia/Mongolia), Award on Jurisdiction and Liability, April 28, 2011
Authors:
Takashi Koyama
Magazine/Book:JCA Journal, Vol. 58, No. 12
Publisher:The Japan Commercial Arbitration Association (JCAA)
Practice:
International Arbitration
International Dispute Resolution
Asia/Emerging Countries Desk
Date of publication:
December, 2011
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