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Table Of Contents

I. THE PARTIES
A. The Claimants
B. The Respondent
II. PROCEDURAL HISTORY
A. Arbitration Agreement and Constitution of Arbitration Tribunal
B. Proceedings
C. The Hearing
III. FACTS
A. THE PARTIES
B. THE AIRPORT
C. THE TENDER PROCESS
1. First Phase
2. Second Phase
3. Third Phase
D. NEGOTIATION OF THE AGREEMENTS
2. The Project Agreements
3. Credit Agreement
F. THE CLAIMANTS’ INVESTMENTS
1. ADC Affiliate’s Investment
2. ADC & ADMC Management’s Investment
F. Construction of Terminal 2/B
G. Business Planning Process for the Project Company
H. Project Company’s Financial Results
I. Project Company’s Operations from 1999 through 2001
J. Transformation of the ATAA, Legislative Amendments and the Decree
K. Developments after the Decree
1. Separation of the Functions of the ATAA
2. Passenger Traffic
3. Parking Facility
4. Terminal Expansion and Reconstruction
L. The Privatization of Budapest Airport
M. Arbitration Proceedings Brought by the Project Company
IV. CONTENTIONS OF THE PARTIES
A. Contentions of the Claimants
B. Contentions of the Respondent
V. RELIEF SOUGHT BY THE PARTIES
A. Relief Sought by the Claimants
C. Complaints about the construction of the Terminal
D. Attempted Reasons for and Justification of the Decree
VII. ISSUES TO BE CONSIDERED IN THIS ARBITRATION
A. Applicable Law
B. Jurisdiction
5. Does the dispute fall within the scope of Art. 7 of the BIT?
6. Conclusion on Jurisdiction
C. Expropriation
D. Miscellaneous Points Raised by the Respondent
E. Conclusion on Matters Other Than Quantum
F. Quantum
1. The Applicable Standard for Damages Assessment
2. Discounted Cash Flow (DCF) Method v. Balancing Payment Method
3. The Respondent’s Other Attacks on the LECG Reports
4. Conclusion on Quantification
5. The Amount of Compensation Payable to the Claimants
G. Return of the Shares and Promissory Notes
H. Costs
1. Principle
2. Quantum
THE AWARD
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ADC & ADMC v Hungary 2006 (Full Decision)

ADC & ADMC v Hungary 2006 (Full Decision)

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Published by: willodogwu on Dec 28, 2011
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09/25/2013

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