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The Award In Petrobart Limited V. Kyrgyz Republic

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Chapter Summary

This chapter appraises whether the reasoning requirement was met by the award in Petrobart Limited v. Kyrgyz Republic arbitration, which was conducted under the Arbitration Institute of the Stockholm Chamber of Commerce. The dispute was brought and decided on the basis of the Energy Charter Treaty (ECT). The chapter begins by offering factual information about the dispute and continues with an analysis of the award's section on the existence of an investment. The author concludes with an evaluation of the adequacy of the tribunal's reasoning. This analysis reflects the structure of the award in which the same elements are reviewed against their likelihood of being recognized as investments within the meaning of the ECT. The chapter also offers a quick insight into the decision of the Sveå Court of Appeal, which confirmed the arbitral tribunal's determination on the investment made.

Keywords: arbitration; Energy Charter Treaty (ECT); investment; Kyrgyz Republic; Petrobart Limited; Sveå Court; tribunal



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