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Court annuls billion-dollar award, finding Crimea investment was made before BIT applied

The Paris Court of Appeal has set aside an award against Russia for the expropriation of the Crimean branch of Ukrainian state-owned bank Oschadbank. The court held that the bank had made its investment in Crimea before the Ukraine-Russia Bilateral Investment Treaty's 1992 time limit and that, as such, the tribunal lacked temporal jurisdiction. As Oschadbank intends to appeal, the Court of Cassation will have to decide whether the decision adds a condition to jurisdiction that is absent from the treaty.

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