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Treaty and general international law are applicable
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Effective means clause does not cover conduct of non-judicial authorities
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BIT does not confer jurisdiction over holdings incorporated in the respondent state
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No expropriation absent “substantially complete deprivation” of the investment
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Tribunal declines reconsideration of prior majority holding
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Majority dismisses allegations of protectionism
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Claimant’s costs were unreasonably high, and his conduct contributed to the inefficiency of the proceedings
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Arbitrariness under domestic law cannot be equated with FET breach
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Success fee is not recoverable; ethical concerns left for other fora
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Revocation of operating licences was non-transparent and arbitrary
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In quantum decision, tribunal rules on implications of its merits findings
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Alleged liberalisation of air traffic could not be relied upon, especially given Lebanon’s legal instability
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Only Lebanon’s valuation model is consistent with the tribunal’s reading of the record
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Claimant fails to rebut Lebanon’s justification for lack of compliance with domestic judgment
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Tribunal asks for further input on damages
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Suspension of licences was justified
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Moral damages claims should be exceptional
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Investor’s due diligence and conduct relevant for FET inquiry
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Tribunal disagrees with claimant’s extensive interpretation of FPS standard
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Greater role of due diligence to create legitimate expectations in highly-regulated sector
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DCF approach flawed as entities did not qualify as going concern
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Umbrella clause not applicable to Lebanon’s statutory obligations
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No jurisdiction over alleged fiduciary and beneficial interest in Imperial Holding
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Background: private jet venture hits the ground
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