Consequently, the Contractual Counterparty imposed the corresponding penalty on Sehil, and mentioned that the request for a time extension “shall be thought-about following the fee of monetary penalties for delays”.757 The Tribunal doesn’t contemplate this letter to be “coercion”; there was a breach and appropriate remedy was requested. Each Party shall accord to those investments, once established, remedy no less favourable than that accorded in related conditions to investments of its investors or to investments of buyers of any third nation, whichever is the most favourable. The older version of the Statute expressly provided that this State-owned entity was “part of the Ministry of Energy of Turkmenistan” , while also being “a authorized entity act on the premise of self-sustaining, self-financing and self-cost accounting principles”664 and with the power to assume rights and liabilities in its own name. The Statute of Turkmenenergogurlyshyk, in both versions , supplied that the entity was a “Concern of the Ministry of Energy and Industry” . However, the Tribunal also notes that there are instances where such burden of presenting proof to show an allegation can shift if sure circumstances are present.
In the letter756 relied on by Claimants, the Ministry of Defense knowledgeable Sehil that having failed to complete the project inside the given deadline, it had breached Article 16 of the Contract. With regard to the primary query, the Tribunal is of the view that the party that asserts a claim Turkish Family Lawyer bears the burden of proving it. Thus, Claimants bear the burden of proving the claims they assert towards Respondent, while Respondent bears the burden of proving the claims and defences it alleges in opposition to Claimants.
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