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The standard is a minimum standard, which would be violated by acts showing wilful neglect of duty, an insufficiency of action falling far below international standards, or bad faith
In case of the respondent taking justified measures for legitimate public purposes, a procedural irregularity must amount to bad faith, a wilful disregard of due process of law, or an extreme insufficiency of action in order to constitute an arbitrary act
Customary international law does not require a state to treat all aliens equally
The conduct of both parties before and during the proceedings may justify an equal allocation of costs
A discriminatory measure requires a discriminatory intent by the government
Clauses precluding international arbitration where national proceedings have already been initiated require that the national litigation is related to the major issues at stake in the international arbitration
Customary international law does not require a state to treat all aliens equally
Protection of Investors under IITs
Expropriation and Standards of Protection
Fair and Equitable Treatment
Character and Scope
The standard is a minimum standard, which would be violated by acts showing wilful neglect of duty, an insufficiency of action falling far below international standards, or bad faith
Arbitrary and Discriminatory Measures
In case of the respondent taking justified measures for legitimate public purposes, a procedural irregularity must amount to bad faith, a wilful disregard of due process of law, or an extreme insufficiency of action in order to constitute an arbitrary act
A discriminatory measure requires a discriminatory intent by the government
Dispute Settlement Clauses
Clauses Precluding International Arbitration Where National Proceedings Have Already Been Initiated
Clauses precluding international arbitration where national proceedings have already been initiated require that the national litigation is related to the major issues at stake in the international arbitration
Costs
Further Problems
The conduct of both parties before and during the proceedings may justify an equal allocation of costs