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Published online by Cambridge University Press: 01 January 2021
Provisional measures — Interim measures of protection — Apparent basis of jurisdiction — Irreparable damage — Freezing of accounts and attachment of sums — Whether interim measures urgent — Where State action open to challenge before domestic courts — Whether interim measures necessary
Jurisdiction — Consent to arbitration — Notice of arbitration — Whether consent in notice of arbitration sufficient — Waiver of claims in domestic courts — Whether waiver in notice of arbitration sufficient — Whether defect in waiver affecting jurisdiction
Jurisdiction — Investment — Indirect investment — Investment held through third State subsidiary — Subsidiary sold while arbitration pending
Jurisdiction — Taxation measures excluded from BIT protection — Whether indirect taxes excluded — Whether entitlement to VAT refund or credit a taxation measure
Expropriation — Indirect expropriation — Whether taxation law a taking of property — Whether taxation law “extraordinary, punitive in amount or arbitrary in its incidence”
Expropriation — Right to VAT refund — Amendment of law to clarify that VAT refunds not payable — Whether refusal of refund the repudiation of a legal right — Relevance of right of domestic challenge to decisions of tax authorities
Costs — Discretion to order costs — Order for costs in favour of unsuccessful claimant — Whether just and equitable