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.
Users without a subscription are not able to see the full
to access all content.