A. I would have reduced the amount awarded in paragraph 294(a) of the Award by a total of $34,103.36.
B. I would have reduced the amount awarded in paragraph 294(b) of the Award by a total of $20,579.62.
C. I would have reduced the amount awarded in paragraph 294(e)(iii) of the Award by a total of $1,286.39.
... [I]ndividual rules of law will often require fairness or a balancing of interests to be taken into account. This is the case with the fair and equitable treatment standard itself, the standard the Tribunal was required to apply.14
This Award's decision to grant the $120,000 (plus interest of $285,304.29) in question does not apply equity as an aspect of a legal principle, but rather, in the words of that same ad hoc Committee, makes a "determination ex aequo et bono of disputes, i.e., of the substantial matter referred to the tribunal."15
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