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Link-Trading v. Moldova

Type of decisionFinal Award
Date of decision18 April 2002
Jeffrey M. Hertzfeld (President)
Ion V. Buruiana
Ivan S. Zykin
Legal instrumentBIT between Moldova and USA (1993)
Related decision(s)Award on Jurisdiction, 16 February 2001
Further information

Statements from this decision

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Fiscal measures constitute an expropriation only when they are abusive or there has been a violation of an obligation undertaken by the state regarding the investment
When asserting an indirect expropriation, claimant has to demonstrate a causal link between the state measure and the deprivation of the investment
Prescription periods of local law do not apply to treaty based arbitration
The relevant date to determine the standing of the claimant is the date on which the state measure took place


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