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Respondent further contends that the MFN clause in Article II doesn’t allow for the re-writing of the BIT by including provisions from other devices. He requested that no substantial or procedural determination be taken within the Arbitration in the interim. In the choice, Claimants submit that the acts and omissions of those entities are nonetheless attributable to the State, pursuant to Article 8 of the ILC Draft Articles on State Responsibility, as they acted on the instructions of, or under the direction or management of, the State, in carrying out the specific conduct which breached the BIT.
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