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Genin v. Estonia

Type of decisionAward
Date of decision18 June 2001
Yves Fortier (President)
Albert Jan van den Berg
Meir Heth
Legal instrumentBIT between Estonia and USA (1994)
Further information

Statements from this decision

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Customary international law does not require a state to treat all aliens equally
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
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
The conduct of both parties before and during the proceedings may justify an equal allocation of costs


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