Claimant’s application to the Kronian courts was merely a defensive Sample Clauses

Claimant’s application to the Kronian courts was merely a defensive. ‌ action 68 Article 11 of the Ticadia-Kronos BIT states that if the dispute cannot be settled amicably, the company concerned may choose to submit the dispute for resolution in accordance with either of the three options. Claimant contends that its application to the Kronian courts cannot be deemed as ‘submitting the dispute for resolution’, since it was merely a defensive action against wrongfully enacted Decree, which had immediate negative effects on Claimant. A mere action to suspend the effects of the Decree should not be perceived as an action that would trigger the fork-in-the-road preclusion. If it was, it would put Claimant in a precarious position where it would either have to immediately initiate arbitration or withstand any harm stemming from the Decree. Legal actions for limited purposes, notably defensive steps to contest administrative actions cannot amount to submitting the dispute to courts of the host State.81 In Enron, tribunal confirmed this position by deciding that actions aimed at opposing the (tax) measures imposed do not result in the fork-in-the-road preclusion.82 69 Claimant asserts that the circumstances of this cases are comparable to those in Enron and requests the tribunal that its application to the Kronian courts served only as a defensive action against the effects of the Decree.
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