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Yukos Universal Limited v Russian Federation, Final Award, PCA Case No AA 227, IIC 652 (2014), ICGJ 481 (PCA 2014), 18th July 2014, Permanent Court of Arbitration [PCA]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved. date: 30 September 2022

Whether similar proceedings before the European Court of Human Rights would expose the respondent to double recovery contrary to ‘fork in the road’ provision

Whether the ‘clean hands’ principle or ‘legality’ requirement could be read into the Energy Charter Treaty (‘ECT’), and constitute a general principle of international law

Whether the taxation ‘carve-out’ and ‘claw back’ in the ECT applied.

Whether taxation assessments, fines, investigations, and legal proceedings relating to a tax optimization scheme amounted to an expropriation

Whether, and to what extent, the Claimants contributed to their losses.

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