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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