Telenor Mobile Communications A.S. v. Republic of Hungary

Abstract

Expropriation — Burden of proof that expropriation occurred — Whether exercise by government of regulatory powers constitutes expropriation — Whether serious breach of contract constitutes expropriation — Considerations in determining expropriation — Substantial erosion of value of investment

Jurisdiction — Most-favoured-nation (MFN) clause — Whether MFN clause extends jurisdiction to claims not listed in dispute settlement clause — Intention of parties to BIT

Jurisdiction — Remedies if no jurisdiction of arbitral tribunal — Diplomatic protection — Domestic remedies

Costs — Allocation of costs between parties — Effect of a party’s conduct on apportionment of costs — Initiation of proceedings without examination of jurisdictional basis