The Respondent alleges that due to the rise in the measurement of the Project resulting from the Revised Mine Plan, MENR requested that it be structured as a Turkish capital company, the corporate structure then in use for all BOT tasks. #tay’s function was merely to rubber stamp the Implementation Contract or grant an «imprimatur.» This essential physique has the authority to evaluate and approve concession contracts, together with all of the terms contained therein, not simply a few of them. The Claimants had no objection to the change supplied they have been compensated for the extra price this alteration entailed, estimated at US$256 million. This is evidenced by the fact that amongst other points that have been nonetheless pending, there was the question of the ICSID arbitration clause. More importantly, any agreements the events might have reached later had to be submitted to the Dan! There are numerous situations within the document of discussions between the Parties, at all times on the initiative of the Claimants, of amendments to the Concession Contract and the preparation of pertinent Protocols.

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