Summary

The relationship between the Parties arose in the context of a World Bank Group's ("WBG") financed Project ("the CASA-1000 Project") for the generation, transmission and distribution of electricity between two regions, Central Asia and South Asia. The purpose was the development of a cross-border transmission interconnection linking the countries of the concerned regions to facilitate the transfer of surplus power between the regions. The CASA-1000 Project aimed to transfer up to I ,300MW of electricity between the Central Asia and South Asia concerned countries in furtherance of their development. The total project cost was originally estimated at USD 953 million, which was then increased to USD 1.2 billion.

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VII. DECISION

243. For all the foregoing reasons, the Tribunal:

1. DECLARES that the place/seat of arbitration is Paris, France;

2. DECLARES that the date Of commencement of these proceedings is 18 September 2021;

3. DECLARES that the Tribunal has jurisdiction to rule over the claims brought by Claimant against the State of Afghanistan in the present proceedings;

4. DECLARES that the Tribunal has jurisdiction to rule over the claims brought by Claimant against the Ministry of Energy and Water in the present proceedings;

5. DECLARES that Respondent is liable to pay Claimant the total amount of the invoice CK16 under Amendment no.3 of USD 444,807;

6. DECLARES that Respondent is liable to pay Claimant a 6% interest per annum on the amount of USD 444,807 under Amendment no. 3 starting from 15 August 2015 until full payment. The amount of this interest as at the date of the award is USD 200,914.87;

7. DECLARES that Respondent is liable to pay Claimant USD 444,807 as compensation for the breach of its obligation to perform Amendment no.4, with interest thereon of 6% per annum from the date of the award until full payment;

8. DECLARES that Respondent is liable to pay Claimant USD 184,800 corresponding to 70% of its legal representation costs, and USD 52,773 corresponding to the entire amount of its arbitration costs, with interest thereon from the date of the award until full payment. The interest rate in this respect is the one applicable in Afghanistan at the date of the award;

9. DISMISSES all other claims.

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OCR text, errors may be present.