Source: icsid.worldbank.org ...
67. Respondent has failed to make even a prima facie showing that its preliminary objection is substantial. It has failed to show how the USMCA text supports its position and has not even conducted a proper analysis of the USMCA under the VCLT. Its position is contrary to the statements of the three USMCA Parties that were contemporaneous with the signing and entry into force of USMCA and contrary to statements made by its own lead negotiator of the USMCA investment chapter. Furthermore, its arguments are rife with misinterpretations of USMCA and other sources on which it relies. The objection is, furthermore, intertwined with the merits of Claimants' claims, and bifurcating the objection would be unfair and inefficient.
68. For these reasons, Claimants respectfully request that the Tribunal reject Respondent's Request for Bifurcation and move to the merits phase of the arbitration. Claimants also respectfully reiterate their request that the Tribunal award Claimants all costs and fees, including, without limitation, attorneys' fees and other expenses, that Claimants have incurred to address Respondent's Bifurcation Request.