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There is no proof that the entity went past that capability or exercised sovereign power. Claimants have additionally didn't show that the actions of the Sehil's Contractual Counterparties were "on the directions of, or underneath the course or management of, that State in carrying out the conduct". Accordingly, there is no foundation that this head of claim, even when sustained, quantities to indirect expropriation. The use of public funds to finance the entity's operations additionally creates a strong presumption of control by the State of Turkmenneft's primary exercise, which goes beyond the odd, company, types of management that could be exercised by a majority/sole shareholde Second, within the Tribunal's view, even the place the Contractual Counterparty was a State-owned entity, the entity was appearing in its capability as a contractual party when exercising its contractual right to impose penalties on Sehil for the delayed building work it was supposed to complete. This is a function that distinguishes Turkmenneft from odd State-owned companies, which finance their activities via their income alone.

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By e mail dated 21 April 2015, Respondent responded to Claimants' email of the identical date and requested further particulars concerning the relationship between Claimants' counsel and Vannin Capital. By letter dated 4 December 2015, Respondent reiterated its 21 April 2015 confirmation that Respondent's prices have been being born totally by Respondent itself, and that it did not have a third-party funder. By letter dated 1 May 2015, ICSID confirmed receipt of Claimants' share of the third advance payment and lawyer türkiye by letter dated 4 Turkish Immigration Lawyers May 2015, ICSID confirmed receipt of Respondent's share of the third advance payment. By e-mail dated 21 April 2015, Claimants stated that Respondent's letter of 21 April 2015 counted as an unsolicited submission and requested that the Tribunal "direct Respondent to play by the fundamental ground rules By e mail dated 13 November 2015, Respondent pointed out that Claimants had not offered an entire copy of their third-party funding settlement, as ordered by the Tribunal on three November 2015, but only chosen excerpts.

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Japanese courts’ choice to chew again isn't any much less parochial or narrow-minded than past Chinese practice. The approach that Japanese courts have adopted with Chinese judgments is squarely opposite to the model that is practised by the German and Israeli courts and likewise Turkish Immigration Lawyers advocated on this paper. It may be confidently anticipated that there will be recognition of German judgments when such different necessities are, relatively easily, me

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For China, that is much more pertinent in the sense that the relevant Chinese legislation on the REJ has remained stagnant for the reason that CPL was handed in 1991, while Chinese courts have been repeatedly tested on this matter over the previous three a long time. Third, Chinese courts have the leeway to treat international judgments in a positive means, for the reason that CPL provides solely a really basic construction on the REJ and seemingly imposes no harsh requirements. The Sascha Rudolf Seehaus and KolmarGroupAG show that Chinese courts can act positively on the REJ even when they have been adverse in making use of the reciprocity requirement in the past. 106 and it's submitted that China’s future laws and practice should also instantly address such an overdue drawbac