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Tribunal declined to rule on the merits, after finding that no loss had been proved
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No breach without harm to claimant, tribunal held
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Canada’s regime appeared more justifiable under second scenario for FET breach
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Tribunal considered two FET scenarios, applying different threshold for breach in each scenario; some questionable conduct identified under first scenario
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Tribunal reviewed history of FET and minimum standard, finding that a customary rule of FET emerged in the specific context of business and investment
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Tribunal doubted whether ability to export goods was a protected investment susceptible of expropriation, but saw no substantial deprivation in any event
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Tribunal found no measures amounting to performance requirements under Article 1106
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Discrimination claim was rejected once proper comparator was identified; tribunal cautioned on use of WTO law
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Tribunal declined to add a second claimant to the proceedings, viewing the two claimants separately
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Tribunal set Washington DC as arbitral seat
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Canadian labour unions filed amicus brief supporting Canada’s measures
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Background: case related to regime for export controls on logs from British Columbia
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