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Case Report by InaÍ Oliveira, Editor Ignacio Torterola
Mexico objected to the Tribunal's jurisdiction, claiming that neither promissory notes nor mortgages were investments under Article 1139 NAFTA, and the Tribunal decided to bifurcate the proceedings to assess the issue. The Tribunal held that promissory notes were not protected investments, but that mortgages qualified under Article 1139(g) NAFTA ("real estate or other property, tangible or intangible").
whether mortgages and promissory notes are protected investments under Article 1139 NAFTA.
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