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Commentary: Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses
By Fiona Marshall 2 September 2009 The recent decision in Pantechniki v. Albania that the investor’s claim was partially barred because of its earlier court proceedings appears to be the only award in the public domain in which a tribunal has held a fork-in-the-road clause to have been triggered by an investor’s prior court proceedings. […]
Pantechniki S.A. Contractors & Engineers v. The Republic of Albania: Fork-in-the-road provision partially bars claim by Greek investor
By Damon Vis-Dunbar 2 September 2009 A Greek company’s decision to litigate in Albania’s domestic courts has prevented it from arbitrating a similar claim under the Albania-Greece bilateral investment treaty. The Claimant, Pantechniki S.A. Contractors & Engineers, sought to recoup losses sustained during the wide-spread civil strife that shook Albania in 1997 when some two-thirds […]