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All preliminary objections fail on the second prong, as the tribunal finds them intertwined with the merits of the case
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Tribunal affirms discretion to address post-award arbitration so long as due process is afforded
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The tribunal finds that Philip Morris factors are relevant – but procedural efficiency and overall fairness should also be considered
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Canada files bifurcation request based on three preliminary objections
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Background: Windstream seeks to revive offshore wind farm project after first arbitration, but IESO terminates FiT contract – leading to second NAFTA claim
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