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Costs reserved, but Argentina’s objections were inappropriate
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DCF approach rejected given uncertain future profitability
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Tribunal should consider treaty claims
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Jurisdiction should be appreciated as at the start of the proceedings
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Tribunal is permitted to take Concession Agreement into account despite forum-selection clause
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Expropriation claim also successful
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Tribunal finds breach of FET standard
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Fair and Equitable Treatment standard not limited to denial of justice
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Tribunal declined to follow a DCF analysis, and awarded market value of the investment
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MFN can’t be used to avoid temporal limitations
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Tribunal upholds jurisdiction, but only over alleged breaches occurring after entry into force
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Tribunal doubts existence of police powers exception, but also moves beyond “sole effect” test
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Proportionality test introduced via human rights case-law; Mexico fails the test
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Tribunal adopts extensive – and controversial – interpretation of FET
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No evidence that Mexico breached other treaty clauses
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