Case Report (free download)
Case Report by Sana Onayeva, Edited by Ignacio Torterola
In an Award rendered January 12, 2011, under Chapter 11 of the North American Free Trade Agreement (NAFTA), the Tribunal found it lacked jurisdiction for certain Claimants' claims because these Claimants did not have an investment in the United States satisfying the definition of investment under Article 1139 of NAFTA. Jurisdiction was found as to the remaining Claimant's claims brought under NAFTA Articles 1102 (national treatment), 1103 (most-favored national treatment), 1105 (fair and equitable treatment) and 1110 (expropriation), but the claims failed on their merits.
Case report provided by International Arbitration Case Law (IACL)
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