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Biwater Response to Outcome of ICSID Arbitration
Author: Biwater, Published on: 28 July 2008
Biwater is pleased that an ICSID Arbitral Tribunal has upheld its claim that the Government of Tanzania broke the terms of the Bilateral Investment Treaty (BIT) between the UK and Tanzania on four separate counts….However, although the Tribunal awarded declaratory relief in respect of the…violations (in the form of a declaration of wrongdoing), it decided not to award damages on the technical ground that it did not consider that Biwater had proved that the violations in question caused loss…. While the award of declaratory relief is a welcome vindication of Biwater's claim against Tanzania, the Tribunal's failure to provide a remedy through a damages award is frustrating.
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