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Yury Bogdanov v. Moldova

Type of decisionFinal arbitral award
Date of decision30 March 2010
Tribunal
Bo G.H. Nilsson (President)
Legal instrumentBIT between Moldova and Russian Federation (1998)
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Statements from this decision

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If a contract between the old and new shareholders of a company assigns certain claims to money to the old shareholder, these claims to money can constitute an investment
If shares are protected by an IIT, a shareholder can claim a breach of the IIT even if the state's measures were directed at the company and not him or her personally
Even if a specific law theoretically applies to everyone in the same way, it can still constitute a discriminatory measure if in practice the claimant is the only one subjected to the law's obligations
If the IIT does not limit treaty claims, the limitation period applying under the laws of either contracting party must be applicable

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