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Lost profit and interest subsume claims of lost opportunity, out-of-pocket expenses and goodwill
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Border closure prevents SDMI from entering Canadian market and allows Canadian competitors to process PCB stockpiles
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In a finding that would continue to be much-debated, tribunal sees no territorial limit on recoverable damages
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Tribunal given oppotunity to factor NGO-based political risk into valuation
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Tribunal looks past the fact that SDMI did not own the Canadian enterprise
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Discriminatory effect violated national treatment obligations
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Chorzow Factory standard is favoured
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Canada’s export ban was not a measure tantamount to an expropriation
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National treatment violation established a breach of the minimum standard of treatment
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The export ban did not constitute a prohibited performance requirement under the terms of the NAFTA
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The parties’ respective requests for interpretation of the second partial award, and SDMI’s requests for correction, are all rejected as not appropriate
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Tribunal finds the purpose of Canada’s export ban was to favour Canadian businesses
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