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FTC Statement was an amendment not an interpretation, tribunal held, but merits reasoning remained unaffected
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Interim award found no breach of provisions on performance requirements
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Canada ordered to produce NAFTA travaux
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Canada mistakenly sent internal memo to claimant; tribunal disciplined claimant counsel for passing memo to media
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Damages limited to expenses arising from verification review episode
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Tribunal rejected Canada’s ability to self-judge whether documents were privileged
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Costs largely shared equally, but some borne by Canada
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Canada ordered not to release documents despite FOI request
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Tribunal dismissed Canada’s objection that the dispute was about trade in goods, not investment
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Interim measures request was denied; no power to enjoin application of laws
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Failure to file waiver did not bar claim in relation to claimant subsidiary, Harmac
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Tribunal rejected bid to change legal seat following domestic court set-aside arguments by Canada
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Claims about ‘super fee’, arising after arbitration commenced, were not new claims
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Investor was not estopped from bringing NAFTA claim
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Tribunal saw rational government policies as excusing prima facie discrimination
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Proportionality test for de facto discrimination was rejected
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Second merits award set out interpretation of national treatment clause
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No expropriation, given limited effects of export regime on investor’s business
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Claimant alleged that verification review was harassment in retaliation for NAFTA claim
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No FET breach found in most elements of the export control regime
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Pretextual review and misleading statements by authorities to Minister led to FET breach
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