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Claimants contend that much of this equipment was stolen and/or destroyed on the time when Sehil alleges it and its officers had been required to go away Turkmenistan.
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The true nature of a claim and whether it is a treaty claim have to be objectively decided. Although Claimants' protected funding is constituted by a complex matrix of contracts, involving contractual rights and obligations, Claimants allege violations of the BIT resulting from the train of sovereign prerogatives by state organs. In substance, Claimants' allegations relate to actions and omissions that the Contractual Counterparties adopted in relation to the performance of the Contracts in dispute in breach of the State's treaty obligations, and allegations of actions taken by non-contracting State organs. In 2000, Sehil first entered into contracts with State organs and State-owned firms. This entails contemplating whether or not the alleged remedy of an funding was an exercise of sovereign authority and violated worldwide obligations binding on the State get together to a BIT. In addition, Sehil acquired vital building gear required for and which was used for the various construction initiatives turkish Immigration Law Firm.
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When every Contract was accomplished, that was the Turkish Law Firm tip of that specific project, and the Contract got here to an finish. As said above, Sehil obtained its Contracts via a tender process in accordance with Turkmenistan legislation and practice.
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By letter of 24 October 2018, the Tribunal addressed sure gadgets pertaining to the organization of the listening to, invited Claimants to provide a breakdown of the amounts claimed by each of them by 5 November 2018, and granted Turkmenistan till 5 November 2018 to respond to Claimant Ҫap's 19 October 2018 letter. Sehil's construction tasks had a particular function and would be completed according to the phrases and timetable agreed in the Contracts. By letter of 20 July 2018, the Tribunal established a schedule for two rounds of written submissions on Claimants' request for provisional measures. By letter of four April 2018, Derains & Gharavi requested the Tribunal "take a swift choice relating to the requests made in our letter of March 22, 2018."
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