295. In light of the foregoing, the Arbitral Tribunal:
(a) CONCLUDES that it has jurisdiction to adjudicate the present dispute;
(b) DECLARES that the Respondent breached the 2012 Agreement by failing to maintain an export duty on oilseeds at the requisite level for the agreed period of time;
(c) DECLARES that the 2012 Agreement is terminated as of the date of this Award;
(d) ORDERS the Respondent to pay to the Claimant
(i) US$1,050,000 as reimbursement of the purchase price for the shares in OJSC Bendery;
(ii) US$2,768,684 as compensation for investments made during the period 2003-2011;
(iii) US$5,110,082 as compensation for investment made during the period 2012-2014; and
(iv) US$878,570 corresponding to the contractual penalty applicable to items (i)-(iii) above.
(e) DECLARES that the right to payment is freely transferable by the Claimant, without the permission of the Respondent; and
(f) ORDERS the Claimant to bear the costs of the arbitration, as fixed by the ICC Court.
All other claims are dismissed.
Before the Arbitral Tribunal: